October 2013 2 Blue Line Magazine October 2013 Volume 25 Number 8 6 Features 6 a tale of two deputies From reserves to executives – a 35 year trek through the ranks 10 a shared response Vancouver Police leverage best practices with interoperable capabilities 12 excellence in giving evidence Tips for new police officers 16 renewal from a community base 10 Afghanistan policing strives for a better future based on global norms Departments

38 Back of Book – There is nothing as satisfying as a good firing 38 BlueLinks Advertisers Directory 28 Book Review – The Notorious Bacon Brothers 22 Deep Blue – It’s all a matter of positioning 29, 33 Dispatches 33 Education Directory 26 Holding the Line – Tired of being tired 37 MarketPlace 5 Publisher’s Commentary – A call for a little revenge 16 21 Science Beat – Interviewing intoxicated witnesses 30 Technology – Security tools and technology in Afghanistan Case Law 34 Officer’s non-communicated intentions irrelevant 36 Odour and observation justify arrest

Blue Line Magazine 3 October 2013 October 2013 4 Blue Line Magazine Publisher’s Commentary Blue Line by Morley Lymburner Magazine Inc.

PUBLISHER Morley S. Lymburner – [email protected] A call for a little revenge General Manager Mary K. Lymburner – [email protected] He was perhaps 19 or 20 become so wrapped up in rehabilitation that SENIOR EDITOR years old. His youthful unwrin- deterrence is no longer viewed as an effective Mark Reesor – [email protected] kled face betrayed an attempt to principle. The word “punishment” elicits hor- look hardened and contemptu- ror but both deterrence and punishment, also NEWS EDITOR ous. A police officer proudly described as societal revenge, loom as large Kathryn Lymburner – [email protected] standing beside him told me how factors that work in favour of rehabilitation and CREATIVE DIRECTOR he apprehended the young man should not be forgotten. E. Jolene Dreja – [email protected] carrying a stereo out the broken Revenge is well known and understood in back door of a residence. the criminal realm. It is the self imposed fear of Marketing Manager I was new to the detective “do unto me and I will do more back unto thee” April Lensen – [email protected] office and somewhat green in which keeps many people more civil than they Contributing Writers the-day-to-day mysteries of interviewing tech- would otherwise be. Dave Brown Robert Lunney niques. The specialty field of detective carried I’m not saying deterrence and revenge is Nancy Colagiacomo Mike Novakowski with it a great deal of charisma, mystique and completely missing in Canadian society. The Stephanie Conn Tony Palermo status and newbies were expected to appreciate problem is it has been increasingly foisted on Dorothy Cotton Tom Rataj this. Although I had many years on the force, the shoulders of police so the judicial system Mark Giles Brent Snook detective methodologies were closely guarded can look squeaky clean by dealing solely in by those in the know and only the eager were rehabilitation. It doesn’t have to sully its hands Affiliations allowed a glimpse. with such things when police are willing to International Association of Law Enforcement Planners So here I was in my brand new suit, my handle the dirty work. Canadian Advertising Rates Data partner gone, staring at a uniform that thought I This attitude is not limited to the judiciary International Police Association should know what I was doing and a young thief but also reflected in such places as mental health who wondered what was going to happen next. and welfare issues. Police extra judicial exertions The Canadian Press Newswire The officer told me the two accomplices running keep the lid on so they can turn a blind eye to Access Copyright away drew his attention to the rear of the house, cause and effect. where he captured the slowest and most heavily Law makers take note. I have six points Subscriptions loaded culprit. which could fix much of the problems with a $30 per year; $50 for 2yrs; US & Foreign: $100 With no other direction I felt the best tactic meek judiciary: was the direct approach. • Mandatory consecutive sentencing (exceptions Advertising “Who were the other guys who left you must be argued by defence). 888-640-3048 [email protected] holding the bag?” • Reinstate capital punishment and the lash. “I ain’t no rat and you ain’t gettin nothin out Even if never utilized, they would show the www.blueline.ca ah me, pig. Beat me all you want, I don’t care.” criminal there is a societal repugnance for 12A-4981 Hwy7 East, Ste 254, I asked the young man if he was aware of certain offences. Markham, ON L3R 1N1 Canada what he had gotten himself into. He said he knew • No right to a jury trial, and no parole eligibility, enough to know he had a right to a phone call and for organized crime figures. They have placed P: 905-640-3048 F: 905-640-7547 [email protected] a lawyer. I shoved a phone in his direction and themselves outside the realm of societal peers promised to get him a list of lawyer’s numbers and must be judged by the state. but added that in the mean time, I wanted to • Give deterrence a higher priority than rehabili- PRINTED IN CANADA read him something. I pulled out the Criminal tation. The former should be the driving force Code and pointed to the section on breaking toward the latter. and entering. I’ll be back in a minute, I said, but • Communities of no escape (the true north strong ISSN# 08478538 thought you might be interested in reading about and not-so-free), with natural life sentences for the penalties for your offence. recidivist criminals. Minimal guards required Blue Line Magazine was established in 1988 as an independent publication to inform, entertain, connect and educate those involved His face was pale and eyes very round when and remote locations would make most escapes in the law enforcement profession. With no direct control from an I returned with the number list. “Life in prison... recovery operations and repeated attempts enforcement agency, its opinions do not necessarily reflect those of any government or law enforcement agency. you gotta be kiddin me... life in prison for steal- highly unlikely. ing a stereo?” • Permit victims to be the parole board in some The authors, advisors, and publisher accept no liability whatsoever for any injuries to person(s) or property resulting from application “Hey, a man’s home is his castle,” I replied. cases. Perpetrators must curry their favour (or or adoption of anything presented in this magazine. Readers are “You just broke into someone’s castle and that of their families) to be released. cautioned and advised that articles presented herein are edited and supplied for your personal awareness and should not be used for breached their feelings of security. How do you Let’s bring back penalties that crooks will further action until appropriate guidance is received from a supervi- think the law makers should look at this kind clearly understand and at least pause to consider. sor, Crown Attorney or other persons in authority. of stuff?” All material submitted for publication becomes property of Blue The ensuing negotiations included a frank Line Magazine Inc. unless arrangements have been made with the publisher prior to publication. discussion about other burgled houses and the © 2013 All articles are protected by copyright. No part of this names of his two accomplices, punctuated by publication may be reproduced or transmitted in any form or means, resolutions of how he wasn’t going to take the fall electronic or mechanical, (including photocopying and recording or by any information storage or retrieval system), without prior permis- just because they could run faster than he could. sion. Permission to reprint may be obtained in advance from Access A sense of deterrence and even revenge is Copyright 1-800-893-5777. missing from today’s judicial system. We have

Blue Line Magazine 5 October 2013 A tale of two deputies

by officers, who he remembers as fearless. That to sudden and impaired driving deaths. He and From reserves to first shift didn’t scare Beaudoin off – it only re- his partner officer would see up to 30 calls some affirmed his desire to be a police officer. For the nights. executives – a 35 next ten months he managed 20 hours a month of There was no formal training for reserve con- volunteer time while holding down a full-time job stables back then. Learning was mostly done in the year trek through and attending school part-time. cruiser’s passenger seat. “We were expected to be Today, as the DPD celebrates 125 years of a back up member to the constable we were riding the ranks policing this mix of urban and rural communities, with,” Beaudoin said. He recalls hand writing the the reserve constable program is a success story radio ‘10 codes’ in the cruiser and memorizing worth telling. Beaudoin, now one of two DPD them for his next shift. by Nikki Hewitt deputy chiefs, recounts stories of the late 1970s It was a time before most of today’s modern and of the program that gave him his start. police conveniences. There were no cell phones, in It was Halloween night, 1978 but it might as “I didn’t like bullies. I liked people who car computers or spike belts. Officers wrote notes well have been the Wild West for a young Lyle wanted to help the underdog and I wanted to by hand or on typewriters and carried revolvers, Beaudoin. Fires were being set and fights were catch the bad guy,” Beaudoin said. His mom not pistols. No one had ever heard of DNA testing, breaking out in his hometown of Delta, BC but phoned the department when he was 13 to find the Young Offenders Act or the Charter of Rights the 19 year old wasn’t part of the chaos – he was out what he needed to join. Five years later after and Freedoms. trying to prevent it. graduating high school the department showed a In his early years as a sworn member, Beau- It was Beaudoin’s first shift as a reserve con- little more interest and he was encouraged to join doin said there were also no warrants. A desig- stable with the Delta Police Department (DPD) as a reserve member. nated RCMP officer with a ‘writ of assistance’ and he remembers the night as an ‘eye opener.’ “I was able to ride along with some great of- would accompany Beaudoin and his team into “We had vans of officers and reserves driving ficers,” Beaudoin said. “They spent time coaching houses suspected of having drugs, “like a walking around putting out small fires,” Beaudoin said. and mentoring me and I got great foundational authorized warrant,” he recalled. “It was the youth against the police.” training.” In his ten months as a reserve constable, Beaudoin became a sworn member of the There were hundreds of calls and the wide- Beaudoin said he went to a cross section of calls, DPD in September 1979. One year earlier, eyed Beaudoin was in awe of the bravery shown everything from robberies and break and enters the department had shifted its hiring practices,

October 2013 6 Blue Line Magazine committing to drawing from its pool of reserves rather than from outside departments or applicants without prior training. “The reserve constable program reaffirmed everything about policing for me,” Beaudoin said. “I learned that I was able to stay calm, cool and collected and got some great reviews and reference checks.” While the fundamentals of the program have remained the same, training and activities has evolved over time. Its current role is also much more professional compared to the 1970s and 80s. “We can’t expect them to be out there unarmed without proper training,” Beaudoin noted.

Police farm team Most Delta Police reserves are accepted be- cause they want to be sworn members. Beaudoin said his 1979 class had 20 or so reserves but only five or six really wanted to be police officers. became a reserve officer,” Drinovz said. “It gave ing nice clothing. The sergeant in charge of the Fast forward a couple of decades; 109 re- me the opportunity to confirm in my own mind program looked me over and took some basic serves went through the program between 2003 that was what I wanted to do. I got a first hand look information. A few days later I was at the monthly and 2012. The DPD hired 44 of them and 20 now at what it was like. It was exposure you can’t get training session and then out on the road.” work with other police agencies. anywhere else.” “This really is our farm team,” noted Mike Since 2009 they’ve shared the responsibilities High standards Van Hove, inspector in charge of administration. of deputy chief; Beaudoin is responsible for oper- Today, Delta reserve constables fill out the “Like the Vancouver Canucks, we have our own ations and Drinovz administration. same questionnaires, have the same background farm team and it’s an outstanding recruiting tool.” “Lyle was always a step ahead. When he was and security checks and take the same polygraph Today’s reserves help regular members with promoted, I would follow a year or two later,” as regular members. “Ninety nine per cent of our community events and crime prevention activities Drinovz said. reserves want to be a regular member so we do and, like in the 1970s, still have the opportunity Both men juggled a couple of part time jobs the same checks because we need to ensure they to ride along while on patrol. “Their work is still and post secondary education while serving as have the highest integrity and meet the same extremely valuable, it’s just different,” Beaudoin reserves – and even though they were in the same moral and ethical standards,” Sernoski noted. said. “They took us pretty green back then.” class and signed up just six months apart, they They are required to take five months (90 hours) Nine reserves constables were sworn in this didn’t get to know each other until 1983. That’s of classroom and practical training before they year. Cst. Sandy Sernoski, who heads the program, when they both joined the emergency response get to the road. believes many will go on to be hired as regular team, which was then part time. “We always After successfully completing their training members. “Their resumes are impressive,” said worked in completely different sections before they are issued body armour and everything mem- Sernoski. Many of the class of 2013 are in their that,” Drinovz explained. bers carry on their duty belt except a firearm – a far early to mid 20s and have loads of volunteer and Looking back on his first reserve shift, cry from 30 plus years ago. “We didn’t have much coaching experience. One has taught English Drinovz says it wasn’t at all like Beaudoin’s. “We equipment,” Drinovz recalled. “Just a simple overseas and another graduated from university started at 8 in the evening and by 9, we were at uniform, a nylon jacket, handcuffs, a flashlight with full honours. “Our reserves go through our the Chinese buffet for dinner. By 10 o’clock we and a note book.” program and get first hand experience they can’t had pulled onto the side of the road parked under “They are committed,” Drinovz said. “They get anywhere else.” Sernoski said. an overpass and the constable I was training with invest in their work, volunteer experience and are Beaudoin’s career path has covered all of fell asleep.” excellent candidates for regular members.” the ranks, including some that no longer exist Drinovz remembers thinking “you’ve got Drinovz recalls “as a new police officer it in municipal police forces. He was promoted to to be kidding, what am I doing here?” Not long was just you, the bad guy, your note book and corporal in 1989, sergeant in 1993, staff sergeant after Drinovz remembers the shift supervisor finger prints. You could get a blood type but there two years later, then superintendent and finally happening to drive by and saying something on was a lot more emphasis on investigation and deputy chief in 2004. the radio. “The officer I was with woke up and the interviewing skills – interviewing was a big part All the while a fellow officer climbed the rest of the night was spent on the road – a routine of an investigation.” ranks just a step behind him. Rich Drinovz was Friday night.” Over the years policing has become more in the same class as Beaudoin. “I had already Getting to that first shift was fairly easy for sophisticated but no less dangerous. “In my day it decided I wanted to be a police officer before I Drinovz. “I showed up at the front counter wear- was rare for an officer to come across a handgun.”

Blue Line Magazine 7 October 2013 notes Drinovz. “Today our officers could encoun- ter a suspect with a gun any day of the week.” Drinovz took on the responsibility of coordin- ating the reserve program when he was promoted to corporal in 1990. “I took my duties seriously and worked hard to improve the program,” he recalled. New provincial funding in the early 90s bolstered the program and it has never looked back. In the early 2000s Drinovz recalls other departments having issues with their programs and Delta became one of the few to continue al- lowing reserves to ride along in patrol vehicles. “We were one of the last ones standing. Later other departments began reviving old programs but we were able to remain fully operational.” Back when he was a reserve officer, Drinovz never thought he’d be a deputy chief, never mind the first deputy in charge of administration. “I just wanted to do operational police work. Being a road constable or on the ERT was living the dream... but it’s been a highly fulfilling career.” For a couple of guys from East Vancouver, Building on the Past, Focused on the Future the journey to second in command has been a One department, policing one community, for years of policing in Delta, the badge was changed, rewarding experience. 125 years. It’s no small feat. 2013 marks the 125th giving the department a new look. The heraldry “It’s an honour to be part of a legacy where anniversary of policing for the Delta Police Depart- also designed and sanctioned a new flag with four so many have served over the past 125 years in ment- celebrating the past, present and future. The corners of dogwoods representing the Province of keeping Delta a safe place to live, work and raise Department has not lost its community policing British Columbia and bulrushes representing Delta. families,” Drinovz said. approach, something the public holds dear. The 125th celebration was also marked with At the beginning of 2013, the Delta Police a flag dedication ceremony, a commemorative Department introduced its new badge. Ten years medal, history book, special historic display, and Nikki Hewitt is a member of the Delta Police Department ago some members realized the badge had never fundraisers for Cops for Cancer, the Law Enforce- where she works out of the Corporate Planning and Com- munications section. She may be reached by phone to 604 been properly sanctioned by the Queen through her ment Torch Run, local Rotary Clubs and the Delta 946 4411 ext 5039. representative, the Chief Herald. To coincide with 125 Hospital Foundation.

October 2013 8 Blue Line Magazine Ramp up your consciousness Schools, colleges and universities may need your extra attention by John Muldoon

We’re a few months away from New Years Day 2014 but September marked the beginning of the unofficial New Year for many children, adults, teachers and professors. Soon after Labour Day, thousands of children ventured into a classroom for the first time; others returned to familiar buildings. Some stepped into a new “tween world” of high school, while older students began their post-secondary education. In the evenings, many schools offer adults a whole array of subjects for further education. After school many day students share and relax at local recreation centres, where learning and athletics can be just as intense as in school. And as usual, everything is back to what it should be, what we might consider “normal.” As our children have returned to their academics and associated activities, policing still boards that don’t have the budget for this recently reviewed any existing emergency may have to look different for the 2013-2014 new closed-door policy. plans they may have? Do they know the staff? school year. Some US schools have authorized princi- In schools, colleges and universities, are Yes, many of the tried and true programs pals to store long guns in their office. The As- you aware of the person in charge of night will be restarted such as school resource sociated Press reported in July that Arkansas school? Many times this person is different officers, Dare and school Crime Stoppers, high school assistant principal Cheyne Dougan than the daytime administrator. Internet safety, cadets and children street would be one of more than 20 school district The 2013/2014 school year hopefully proofing programs, just to name a few. Each staff members carrying concealed weapons. won’t be much different than years gone past will contribute in some way to keeping our The story notes that, under “a little-known but there is a new public awareness that any- children safe. law that allows licensed, armed security guards thing can happen, any time, any place. After the Newtown, Connecticut tragedy on campus, Dougan and other teachers at the Our children are more vulnerable today and what seem like numerous other gun- school will be considered guards.” The sub- than they use to be and we need to pay more related incidents in schools and universities headline read “High school says program best attention to their safety than we did in the in the past number of years, policing needs way to protect students.” Are these people past. They can face threats from strangers, to be more vigilant. The public is much more trained and have a plan or are they just required abduction, bullying, cyber bullying and an attune to crime and major incidents in schools to have a permit to carry a gun? increasing number of bizarre and unimagin- and their communities than ever before, with Each police department has its own unique able things. the expanded use of social media platforms strategy and plan to address school safety Despite diminishing police budgets and and the media’s decision to broadcast news based on local needs. Often overlooked in more calls for service and preventative pro- from them to a more media savvy general planning is the need for additional police sur- grams, this segment of our population has to be population. veillance of what might be considered soft tar- become a bigger part of our everyday thinking. Weather can also make a difference. Just gets, including recreation centres and libraries. Continue running successful programs and remember what happened when a tornado The latter two have not been the focus of any create new ones to stay current with emerging touched down around Briarwood Elementary major incident but should not be overlooked trends and issues. Continuously review, fine- School in Oklahoma City this past May. as potential places where trouble can occur. tune and adjust as situations change. Teachers this year understand and are fully Boys and girls clubs, YMCA, YWCA and Stay as visible as you can, both inside and aware that after the initial practice lockdown numerous other places where youth gather outside of schools but also libraries, recreation drill or fire drill, the next one may be the real should be considered potential locations where centres, playgrounds and other places where thing. We know that someone, somewhere incidents can occur. youth gather. will try to copy or invent a new scenario The majority of recreation centres, librar- The goals for this school year are simple – similar to Columbine, Newtown or Montréal ies, etc., still maintain an open door policy and to keep children and young adults safe through Polytechnique. We all hope these kinds of tra- anybody can walk in, at least to the reception their school year. gedies never happen again, but unfortunately desk – if there is a reception area. These soft they will. targets are unlikely to be prepared for major In the last few years many schools have incidents. Some may have an emergency plan John M. Muldoon, APR, FCPRS, LM is the former Toronto adopted a locked front door policy. Someone, but most have likely never considered them- District School Board Manager of Communications and usually a secretary, buzzes visitors in after they selves as targets. Public Affairs (on disability), Peel Regional Police Direc- tor of Public Affairs and Marketing and communications state their business. This is fine, as long as they Do local police agencies have the most supervisor for the former North York Parks and Recreation are not distracted with other duties. Certainly up-to-date contact information for these lo- department. Contact: [email protected] . this system is a vast improvement over an open cations? Are basic floor plans available to all door policy but it is not perfect – and there are emergency service providers? Have police

Blue Line Magazine 9 October 2013 Vancouver Police leverage best analytical practices with interoperable capabilities by Jun Min Chang gators in a variety of cases, most notably those pushed from the PRIME BC servers, and stores involving serial sex offenders. it locally within VPD’s own servers in an iBase In this IT era, police should learn to use format, allowing multi-level queries to be run. technology as a tool to help achieve objectives, Key players The system allows proactive analysis of rather than as a driving force that dictates C.R.I.M.E. was a VPD organizational crimes and criminal events to predict and pre- strategies and tactics. Technology carries no project initiated by Special Cst. Ryan Prox. vent future incidents. It also addresses many inherent value as good or evil. It can be used As the analytic services co-ordinator, he was of the technological, business and analytical to improve or worsen the human condition required to streamline the intelligence-led shortcomings that existed with PRIME BC either intentionally or unintentionally. There- analytic process and develop methods the VPD and SIUSS. fore, police executives should be thoughtful could use to realize the full potential of crime The system was purpose built for the and strategic as they exploit the power of and intelligence analysis. need to mine intelligence from the wealth of biometric systems, data mining systems, Alongside Prox, database architect Jason information stored on the multitude of data camera surveillance and other technological Cheung and hardware engineer Bryan Vonk servers at the VPD’s disposal, including CABS advances(Rosenbaum, 2007). were integral to developing and deploying (computer aided booking system) and CAD In his article titled “Police innovation the system. Without the efforts of this core (computer aided dispatch). post 1980: Assessing effectiveness and equity development team, it may never have gone The system is stored within VPD’s own concerns in the information technology era”, online. servers but is accessible both on-site as a citrix Dennis Rosenbaum provides important insight The successful deployment convinced server application and off-site via the VPD into the world of policing and how it has other agencies to enter into a partnership intranet system. Currently, partner agencies evolved to this day. with the VPD to use the system: the Na- use the system by connecting to the VPD The current era of intelligence-led poli- tional Weapon Enforcement Support Team intranet from their respective agencies. cing employs a host of strategies and tactics (NWEST); Criminal Intelligence Service Brit- The centralization of C.R.I.M.E. on VPD to combat crime. Of the resources deployed, ish Columbia (CISBC); and various municipal servers and the capability of partner agencies it is arguable that crime and intelligence police agencies throughout the province (i.e. to login remotely provides the best balance of analysis and computer aided data mining are Victoria, Saanich, New Westminster, Greater function and security. All that is needed is an the keystones to the successful deployment Vancouver Transportation Authority Police Internet connection for remote access. of an intelligence-led policing model. As Service). Rosenbaum stated, it is important that “police C.R.I.M.E. consists of various computer Case study one should learn to use technology as a tool to help programs combined into an analytical suite A 13 year old girl was approached by a achieve objectives.” and was developed in house by the VPD in man on a school playground April 1, 1995 The Vancouver Police Department (VPD) partnership with venders ESRI and IBM. It and asked to help him find his child. He then is one of the Canadian leaders in using intelli- essentially combines the capabilities of ESRI’s grabbed her by the wrist, said he had a knife gence-led policing methods. The C.R.I.M.E. ArcGIS software and IBM’s i2 Analyst Note- and pulled her to an outdoor stairwell attached (Consolidated Records and Intelligence book into an analytical software suite. to the school. She screamed and pleaded with Mining Environment) system has been the It runs on an IBM iBase server, which pro- him to let her go. He put his hand over her backbone of the VPD’s analytical services for vides the necessary data handling capabilities mouth and kept her in the stairwell for several the past decade. Analysts have had numerous for analysts to be able to perform their duties. minutes while sexually assaulting her. successes in aiding officers and senior investi- The VPD built data-mart takes the data, which is This was the first of Ibata Hexamer’s serial

October 2013 10 Blue Line Magazine sexual assaults. The Vancouver resident was the cases. charged with 23 counts involving six different The VPD sex crimes analyst assigned to victims and subsequently pled guilty. He had the task was able to query relevant informa- no previous history of stranger sex assaults tion across multiple jurisdictions because or other indicators which would have led C.R.I.M.E. can pull its data from the PRIME investigators to suspect him. He committed BC provincial wide server. Querying infor- a spree of child sexual assaults until he was mation across multiple jurisdictions was finally caught in 2010. important but the C.R.I.M.E. system’s ability DNA analysis after a 2009 assault connected to provide an analytical suite where spatial, it with sex assaults of two other children. Police temporal and other forms of analysis could be realized they were now dealing with a serial sex completed was key. The analysis led to Sharma offender. A special task force was created and being charged with 12 offences. Project Scourge was launched. Over the next year, officers tried but failed to identify a suspect. different women from 1994 to 2011, four Conclusion After exhausting the list of possible counts of confining the women and one count There have been numerous success stories suspects and leads, taskforce members of kidnapping. In the two incidents from 2011 involving the C.R.I.M.E. system. Other police turned to the VPD analytics service for help. Sharma was also charged with two counts of agencies should take note of the system and Working long hours, the analytics team used assault and one count of uttering threats. strive to head in the same direction. Those who the C.R.I.M.E. system to identify possible Sharma is another serial sex offender can not create their own systems can partner suspects. They poured over multiple datasets, caught thanks to the analysis of the criminal with the VPD, which has co-operated with including information from cell towers, to de- events by the VPD sex crimes analyst using and shared system templates with agencies termine that Hexamer was the prime suspect. the C.R.I.M.E. system. The Surrey resident across Canada in an effort to improve policing Within seven weeks of the team being hunted his victims in Vancouver and commit- nationally. assigned to the case, members successfully ted the offences in Burnaby. The trigger that While this article provides an overview identified the offender. After obtaining and set off the investigation occurred Dec. 4, 2011 into the background and capabilities of the testing DNA evidence from Hexamer to con- when Burnaby RCMP was made aware about C.R.I.M.E. system, it is truly one of those firm their suspicions, the taskforce was able to a possible sexual assault and robbery in the things that “you have to see to believe.” arrest and charge him. Without the C.R.I.M.E. city. The victim was a sex trade worker from system, it is possible that Hexamer would have Vancouver’s Downtown Eastside. continued undetected. Another sexual assault with similar char- Jun Min Chang is a Practicum Student in the Analytic acteristics took place in Burnaby 14 days later, Services section of the Vancouver Police Department. He may be reached via email to junchang1010@gmail. Case study two leading police to believe the two events may be com. Persons interested specifically in this project may Shalendra Kumar Sharma was charged linked. Burnaby RCMP and the VPD worked contact Cst. Ryan Prox by email to [email protected]. with four counts of sexually assaulting four together closely to determine the suspect in

Blue Line Magazine 11 October 2013 Excellence in giving evidence Tips for new police officers by Doug LePard & Michaela Donnelly

Introduction A trial is the final step to achieving justice and the quality of your evidence can make the difference between a conviction and an acquit- tal of a guilty person. Becoming an excellent police witness takes practice, a commitment to continuous improvement and rigorous prepara- tion for every case. It is important to understand that, while this guide is about giving evidence, your success as a police witness begins with the quality of your investigations, note taking and report writing. No matter how articulate and prepared you are for court, if you have not conducted a thorough and carefully documented investigation that ad- dresses both the elements of the offence AND as a means of refreshing your memory for a reputation for excellence, that will count the potential defences, you and your case are identification purposes in court. Talk to the in your favour.3 vulnerable at trial. trial Crown or a senior officer first. 7. Under direct examination, give your evi- While it is sometimes tritely said that it is 4. With excellent preparation, under direct dence chronologically – you are telling a “easy to tell the truth,” there is much more to examination, you should be able to give story. Be truthful, accurate and FAIR at all being an excellent police witness. The following virtually all of your evidence with very little times in describing facts (not opinions, ex- is a brief series of tips to help you get started in prompting from Crown.2 That doesn’t mean cept when asked). That is the reputation you achieving that goal, but is not intended to be an you WILL give your evidence without inter- want to build with Crown, defence counsel exhaustive guide. ruption, because each Crown counsel will and judges. Your evidence at each trial AND decide how they want to present it, only that your reputation will dictate the way you are Being a great witness – The basics you need to have that level of preparation. treated and the way your evidence is viewed. 1. The key to being a competent and confident Under cross examination, it will be very dif- 8. When you give evidence, whether under witness is “preparation, preparation, prepara- ficult for defence counsel to mislead you by direct or cross examination, listen carefully tion.” You need to know every word in your suggesting something “close but different” to the question, think about your answer, notes and report; this will make it very hard to what is in your report to gain advantage then direct it to the judge/jury in a clear and for defence counsel to trip you up or try to if you can immediately correct them with confident voice. Do not mumble or trail off manipulate you. accurate information. at the end of your sentences. Speak strongly 2. Most police officers need to “refresh” their 5. If you are uncertain about testifying, have enough to be heard by everyone in the court- memory before they attend court to give evi- had little experience or the investigation room. Use “active voice” (“I searched the dence. If you regularly review your Reports is more complex than you have dealt with accused”) rather than “passive voice” (“The to Crown Counsel for matters pending trial, before, seek out the trial Crown BEFORE accused was searched by me”) – it is more you will never need to “refresh” your mem- the trial date. Ask them if you can arrange a powerful and shows commitment to your ory. The case will remain fresh in your mind pre-trial interview or even a phone conver- actions. Do not try to chastise the lawyer and you will eventually have every word sation before the trial so that you can seek who seems to be asking the same questions virtually memorized.1 Your recollection of advice and ensure you’re well-prepared. over and over by starting your answer with investigations will be unassailable and you (Don’t leave it to the morning of trial when “As I have already said...,” “As I said previ- will only need to refer to your notes for very the Crown may only have a few minutes to ously” or, worst of all, “I think that I have limited purposes (e.g., a serial number, to speak with you.) Ask the Crown, “What sort already answered that question.” Your job read notes of a suspect field interview, etc.). of areas should I focus on in my prepara- is to answer the questions asked – trust that Be sure to do this sort of thorough review tion? What sort of questions will I be asked the Crown will object if the questions are before your pre-trial interview with Crown in cross examination?” This is particularly inappropriate. so that you can both get the most out of it. important if defence counsel is going to chal- 9. Speak at a moderate pace and respect the 3. Consider how much of the evidence you lenge your grounds for a search, for example, judge’s ability to keep up with note-taking, should review. If you were the lead inves- or the admissibility of a statement that you especially when relating such things as a tigator or report writer, you ought to be took from the accused. If you are uncertain suspect’s statements. To do this, you need familiar with all of the evidence gathered. how to articulate certain evidence, the trial to watch the judge. He/she will appreciate If you played a smaller role, you should Crown may be willing to provide you some the courtesy and often will nod or say “go not review the statements of other officers careful guidance to assist you. You could also on” when ready. or witnesses whose involvement mirrored seek advice from a trusted police officer who 10. Some people have a habit of finishing a your own. If they saw something that you did is an experienced witness. declarative statement (“I searched the ac- not, or described something differently than 6. Demonstrate your professionalism and cused.”) with an upward-rising inflection you did, you may either be tempted to alter confidence from the minute you walk into (“I searched the accused?”), making every your evidence as a result, or their statements the courtroom and display it at all times until statement sound like a question. This will may unconsciously influence your memory. you leave. If you appear tentative, overly not instill confidence that YOU are confi- You should also use caution in reviewing nervous, unprepared or cavalier about being dent in your answer – avoid this manner of photographs you did not take or were not a witness, you will damage your reputation speaking! present for, particularly booking photographs and credibility and your cases will suffer 11. Do NOT be argumentative with defence of the accused which you might wish to use the consequences. Conversely, if you build counsel or interrupt their questioning, no matter

October 2013 12 Blue Line Magazine how run-on and meandering it might be, how • Speak to the Crown if they have time to a booming voice give evidence on an impaired driver. After he was sworn in, Crown asked him his first question to begin much they may try to rattle you or how abu- give you feedback on your evidence (and his evidence. In a confident and strong voice, he described sive they may seem. Their job is to poke holes investigation), or to arrange for another in detail his entire, thorough investigation from start to finish in your evidence and shake your credibility. time to do so if there isn’t a break after including times, observations, suspect statements, the de- mand, BTA readings, etc., without Crown (who was smiling YOU can control how well they do. your case. Most Crown counsel will be like the proverbial Cheshire cat) asking another question. I 12. Defence counsel may try to rush you into pleased to be asked and to help you and could see defence counsel wilting in his chair. By the time it answering without thinking. Don’t allow this is very important to ensure you don’t came for cross examination, he stood up, said weakly, “No questions, your Honour” and threw in the towel. yourself to be bullied. Pause to think if repeat mistakes or miss opportunities for 3. One now retired judge was known to start reading a you need to and then answer only the improvement without even knowing it. newspaper after trusted police witnesses finished their di- question asked. rect examination, indicating to the defence counsel that per- haps they were wasting their time with cross examination. 13. If defence counsel has asked multiple Conclusion 4. When I was a junior constable and learning as much questions, or hasn’t asked a question at all, Giving excellent evidence is an important as I could about giving evidence, I watched a legendary politely ask for clarification so that you can part of every operational police officer’s job. drug squad detective giving evidence. In the voir dire, he described how he asked a person he had arrested for answer properly. Being an excellent police witness begins with the PPT how much he was selling the seized drugs for (to 14. Beware of being led into minimizing or quality of your investigations and documenta- establish the “for the purpose of trafficking” element) and the suspect replied with a dollar amount. In cross, defence exaggerating your experience or qualifica- tion, requires excellent preparation and then is counsel asked him, “Isn’t it possible you said, ‘How much tions, or you may be setting yourself up for a completed by being a fair, objective, respectful do the drugs sell for?’” The detective replied strongly, “No, fall. Just provide an accurate answer without and knowledgeable witness, even under stress- that is NOT possible.” Defence counsel then asked in a contemptuous and condescending tone (not realizing he embellishment and you will be safe. ful circumstances. To use a football analogy, was about to be handed his butt) how he could be so sure. 15. Do NOT feel compelled to give a yes or no it doesn’t matter how many times you get the “Because I have been in the drug squad for many years, am answer, even if that’s what defence asks for ball to the one-yard line if you can’t get it into a qualified expert in drug trafficking and I know EXACTLY how much these drugs sell for,” the detective replied. “I (or even demands). This is not TV and you the end zone. Investigations and arrests are the asked him how much HE was selling the drugs for.” The are ENTITLED to provide context for your same – no matter how good you are at “catching accused was convicted of PPT. answer so as to inform rather than mislead the bad guy,” if you can’t finish the job by giving the court by giving an out-of-context answer. excellent evidence, you cannot be a successful Dep/Chief Doug LePard is a 32-year member of the For example, defence counsel might thunder police officer. With an understanding of what’s Vancouver Police Department who has given evidence at you, “Isn’t it possible that...?!” Almost required and a commitment to continuous learn- at every rank served in, totaling hundreds of occasions. anything is “possible,” but appropriate ing and practice, every police officer is capable He completed 14 days of cross-examination by multiple lawyers at the Missing Women Inquiry in 2012 on his answers might be simply, “Yes,” or “I think of becoming an excellent witness. investigative review and many thousands of pages of it’s extremely unlikely because...” or “No, related documents. He was described as the best witness it’s NOT possible. I am certain of what I they had ever seen. 1. For example, upon receiving each court notification, you Ms. Michaela Donnelly is a 16-year Crown counsel, first saw because...” could print your reports and review them regularly prior to as a federal prosecutor and now with the provincial crown 16. If you’re asked multiple questions within a the pre-trial interview and trial – the more complex the case in Vancouver. She does trial work in the provincial and question, clarify which question they want and/or your involvement, the more you should review them. supreme courts and has achieved success in the most Since it will be many months before you go to trial (unless challenging of circumstances, most recently in a notorious answered. it is an in-custody case), you will have read your reports case involving the deaths of two teenage girls. She also 17. There is a myth that lawyers already know multiple times before you give evidence. finds time to contribute to police training. the answer to every question they ask. Per- 2. I once watched a large and very imposing sergeant with haps they are taught that they SHOULD, but I can assure you they do NOT. Lawyers will often go on fishing expeditions, suggest “facts” hoping you will “bite” or simply be completely unprepared or on the wrong track. Your job is to educate the court by providing accurate information; sometimes that involves correcting defence counsel.4 18. While you are not there to entertain and you certainly don’t want to be seen as not taking your role seriously, it is perfectly alright to smile when appropriate and even to occasionally use humour where it makes sense in giving your evidence. This will come with experience, but just know that a pleasant, engaging, likeable witness is much more compelling than one who speaks in a monotone and appears devoid of personality. 19. You have probably heard police officers tell you to leave the courtroom as soon as you have finished your evidence and even (shockingly) make disparaging remarks about the trial process. If you want to learn to be an excellent witness, ignore them! When possible, try to remain in court after you give your evidence to: • Hear other police officers give evidence to see what goes well and what doesn’t (and to see the difference between good police witnesses and not so good); • See what the defence strategies are; • Hear the final submissions of Crown and defence counsel; • Hear the judges’ decisions (they no doubt will comment on your evidence); • Let the judges and Crown see you’re in- terested and care about the outcome; and

Blue Line Magazine 13 October 2013 A wrap-around social service solution

Hamilton Poice Sgt. jay Tirner and Social Navigator Pat O’Neill in the downtown core by Glenn De Caire tweeting about the Social Navigation project. (Kaleigh Rogers/CBC) She called police 15 times in nine weeks, threatened suicide six times, hung around the medic service, have done something about it before they became involved in the program, downtown exhibiting reportedly disruptive through the Social Navigator Project (SNP), often leading to hospital assessments. This behaviour and was banned from the downtown part of our anti-violence ACTION strategy. number was reduced to only eight in the six mall but kept returning. The results? Improved outcomes and better months following their involvement. Two of our officers spent 50 hours dealing use of resources. Eight of the successfully navigated with Ann (not her real name); obviously, our Introduced in 2012, the program’s man- clients were classified as aggressive pan- response wasn’t working. date is to reduce contacts with repeat offenders handlers, meaning they had at least five ag- Another client, “Ray,” is on our system and get them the appropriate care that best gressive panhandling charges prior to joining for more than 70 incidents since 2006. He serves their needs. the program. Before SNP involvement these panhandles downtown to pay for his drug ad- The social navigator is a full-time para- individuals were issued an average of one diction, is very aggressive and can be violent. medic who works very closely with ACTION ticket every nine days. After completing the Every urban centre has many people like officers to help repeat offenders they encounter program, this dropped to an average of one Ann and Ray. Who should people call to in their deployment zones. The navigator ticket every 76 days. deal with them? Police? Emergency or social works with a variety of social agencies to The SNP is a made-in-Hamilton solu- services? help provide the appropriate care. Ann was re- tion re-connecting people in need with the If someone is in distress or being disrupt- connected with her case worker, for example, services and support they require. This wrap- ive and store or office managers call to have and Ray was sent for addictions counseling. around social service solution positively them removed, we must respond. The situation SNP is supported by the court system, impacts people’s lives and our community dictates the response. with some repeat offenders being mandated to and responds to their complex issues. It’s a Police have to issue tickets but they will participate as part of their release conditions. new approach to breaking the cycle of repeat not pay them. We charge them criminally, Hamilton continually evaluates the SNP offenders which is improving outcomes and knowing they will not show up for their court for impact and effectiveness. A report pre- optimizing resources. date. We call the paramedics to take them to sented at the Hamilton Police Services Board hospital but know we will have to do it again April meeting showed that, as of February once they’re released, sometimes during the 2013, 81 individuals have been navigated, with Glenn De Caire is the Chief of same 12-hour patrol shift. This is neither ef- 43 of them out of the program for more than Police, Hamilton Police Service fective nor sustainable six months. A comparison was done looking This is an issue in Hamilton and, I respect- at their behaviour six months prior and six The Hamilton Police Service re- ceived the Ontario Association of fully submit, every urban centre in Canada. month post their involvement with the SNP. Chiefs of Police 2013 Crime Pre- Hamilton Police Service (HPS), in partnership There were 63 offences prior to individ- vention Award for its Social Naviga- with the city’s neighbourhood development uals being navigated (29 post navigation) tor Project on June 25, 2013. strategies, urban renewal section and para- and 103 mental health calls in the six months

October 2013 14 Blue Line Magazine Police Leadership Graduates Fall 2012 - Summer 2013

The Staff and Faculty of the Police Leadership Program want to congratulate all graduates on their success!

Administration Certificate Cst. Kevin Ashley Cst. Scott Messier RCMP, Antigonish, NS RCMP, Tracadie-Sheila, NB Deputy Chief Del Manak Victoria Police Dept., BC Cpl. Robert Beach Cst. Trudy Pike RCMP, Whitehorse, YK Sgt. Deon P. Marquis RCMP, Ottawa, ON RCMP, Wakaw, SK Det/Cst. Allan Claus S/Cst. Sean C. Ryckman Ottawa Transit Law Enforcement, ON Sgt. Brendan McDonald Barrie Police Service, ON Stratford Police, ON Cst. Sam Côté Cst. Patrick Small Fredericton Police Force, NB Cst. LeRoy Pelley Halifax Regional Police, NS RCMP, Bell Island, NL Sgt. Noel Coulas Cpl. Ishwarpreet Singh North Bay Police Service, ON Advanced Police Leadership RCMP, Toronto Airport, ON Certificate Cst. Michael Courty Cst. Matt Conn Sgt. Jim Wilson RCMP, Brooks, AB RCMP, Shelburne, NS Stratford Police Service, ON Sgt. Paul Dawson Sgt. Shawn Wright RCMP, “F” Division, SK RCMP, Mission, BC This list is not exclusive. Some students could not be Sgt. Randall Mason contacted and for reasons of privacy and security some Law and Justice Certificate OPP, General HQ, Orillia did not wish to have their names included. S/Sgt. Robert Burke Barrie Police Service, ON Cst. Donovan Irving Peel Regional Police, ON Cst. M.B. O’Connell RCMP, Surrey, BC Cpl. Erin D. Folk RCMP, Depot, SK Det/Cst. B. Ofrenchuk York Regional Police, ON Cst. Dennis Van Ember Fredericton Police Force, NB

Cst. Robert Warren Saanich Police, BC

Service Delivery Certificate Sgt. Kevin Lewis RCMP, “G” Division, NWT Cst. J. McCracken Peel Regional Police, ON Sgt. Scott Moreton Hamilton Police Service, ON Cst. David Thorne RCMP, Bonavista, NL

Supervisory Skills Certificate Cst. Kenneth Shephard Amrow Halifax Regional Police, NS

Blue Line Magazine 15 October 2013 Renewal from a community base Afghanistan policing strives for a better future based on global norms by Tom Rataj tries – Canada, Croatia, New Zealand and organized a police media tour of its operation, Norway. With approximately 400 personnel inviting police magazines from contributing The most recent chapter in Afghanistan’s assigned to the mission, typically including countries to send a representative to Kabul. long, complicated and often torturous his- up to 45 Canadians, EUPOL annually trains I was fortunate enough to join magazine tory began when US-led coalition forces and mentors 10,000 members of the 157,000 staff from Sweden, Finland, Germany, The laid siege to the country October 7, 2001. strong Afghan police. Netherlands and Romania on a one-week Virtually all critical infrastructure was From basic street-level policing up media tour to Kabul from June 28 to July 4. quickly converted into heaps of rubble and through several management and leadership The journey proved to be an adventure the Taliban’s barely five-year long grasp on levels, the EUPOL mission has worked pains- in its own right, as I flew first from Toronto power was broken. takingly and, at times, painfully, at creating to Moscow (9.5 hours) with Aeroflot Rus- Since then, the arduous task of rebuilding and building a civilian policing service from sian Airlines and, after a 12 hour layover the country and establishing a democratic the ground up. in the Sheremetyevo International Airport, system of government has been underway. Simply transplanting the western model continued with Aeroflot to Dubai, which took Numerous setbacks have occurred as the of civilian policing into a country such as another 5.5 hours. Taliban continually tries to undermine the ef- Afghanistan is an impossible and doomed- I met Lars Hedelin and Karl Melin from forts and return to power. The coalition forces to-failure approach. The EUPOL mission has Sweden and Justine Kaasjager from the Neth- have suffered many casualties, including the gone to great lengths to work hand-in-hand erlands in Dubai. We had about an hour to get 138 Canadians “killed in action” between with the Afghans by showing, teaching and to get acquainted before boarding the 2.5 hour 2002-2012. mentoring them on how to update their poli- flight to Kabul with FlyDubai. In addition to the physical infrastructure cing traditions into a civilian policing model We were met by our EUPOL PPIO host lost during the invasion, most government that will work in their country. ‘Transition, Edith Lommerse and a fleet of Mercedes services, including policing, were also de- not transformation’ is the by-line. Geländewagen (G-Wagon) armoured SUV’s stroyed. Policing under the Taliban had not In a country as complex as Afghanistan staffed by a team of armed Close-Protection been much more than an instrument of the – with its troubled and tumultuous past, its (CP) personnel that we soon learned would government, functionally controlling all dis- largely rural and tribal structure and virtually escort us everywhere. sent and enforcing extremist views of what no history of civilian (as opposed to military) We were promptly whisked-off, convoy an Islamic state should be. policing – EUPOL’s task was massive. style, to the Green Village (GV), a fortified The German Police Project Team (GPPT) Great progress has been made, although compound across town and each assigned arrived in 2002 and began the task of estab- much more needs to be done. Unfortunately, accommodations for the week. lishing a civilian police service throughout much of the mission is scheduled to come to The GV is a heavily fortified compound the country. With a focus on developing and an end in 2014 when the coalition’s military surrounded by blast-resistant walls topped training police and prosecutors, the GPPT presence ends. with razor wire, multi-stage entrance gates was augmented in 2007 by the larger, multi- EUPOL is working on establishing a new and internal fortified walls and bunkers. It country European Union (EU) led effort, participation model set to start in 2015. is operated on behalf of EUPOL by Stratex which expanded the scope of training. Corporation and guarded 24/7 by numerous The European Union Policing (EUPOL) Media tour security contractor personnel, mostly from Mission in Afghanistan draws from 23 EU Before the mission ends, the EUPOL Nepal, including members of the famous member states and four contributing coun- Press and Public Information Office (PPIO) Ghurkas. As would be expected, the facility

October 2013 16 Blue Line Magazine is also equipped with an extensive CCTV security system and other equipment which cannot be detailed due to security concerns and restrictions. At the GV we met the rest of the journal- ist team: Olaf Knöpken from Germany, Sari Haukka-Konu from Finland and Nicusor Dulgheru from Romania. We were each outfit- ted with our Personal Protection Equipment (PPE) – a ceramic ballistic body armour vest (about 20 lbs) and military style ballistic hel- met. They would be our constant companions on every trip outside of secure compounds or facilities. Our initial briefing covered the alarm protocols in the GV and other EUPOL facili- ties, familiarizing us with what to do if the facility came under attack while we were there. This was apparently an ever-present and very real possibility. Knöpken and I were assigned to a silver Blue Line correspondent, Tom Rataj, meets his close quarter protection team. G-Wagon staffed by our CP team: Peter (an ex-UK military man) as driver and Rolf (a retired South African police officer) as escort. come targets of shootings, suicide bombers systemic corruption in both private enterprise Both worked for HART Security, one of num- or abduction for profit businesses run by and various levels of government make the erous private security contractor companies criminal gangs or individuals. Abductees are cost of doing business very high. operating in Afghanistan. The CP teams also apparently sold to the Taliban for $50,000 It can be very difficult to know who to wear ballistic body armour and always carry and then ransomed off for several hundred trust so all Afghan nationals entering foreign pistols and assault rifles. thousand in a purely profit-driven enterprise. operated or occupied facilities, such as the After the briefings we headed to the On top of all the terrorist threats and ac- GV and EUPOL HQ, are required to first EUPOL headquarters compound across town tivities, much of Afghanistan is also plagued disarm. This is to prevent Green-on-Green for official introductions and an overview of by organized criminal gangs and opportunist or Blue-on-Green attacks, where apparently operations. Deputy Head of Mission Pieter criminal elements that take advantage of the trusted Afghan soldiers or police officers kill Deelman, human resources officer Sorin Hazu chaos and lack of effective policing. Rampant foreign soldiers and police officers. and Christiane Buck of the PPIO welcomed us and, despite our travel-weariness, managed to provide us with a quick overview of the EUPOL mission and the busy and interesting week in Afghanistan that lay ahead.

Hostile environment training Since the security situation is so tenuous, we were required to receive security and basic first-aid training, the first order of business the next day. We were driven to the HART Security compound, greeted by several company executives and given a short overview of the company’s operations and contracted services in Afghanistan and elsewhere. We were then given a very condensed Hostile Environment Awareness Training (HEAT) session to famil- iarize us with the threats and risks we would face everywhere in the country. EUPOL police officers normally receive a 4.5 day HEAT training session, including driver training specific to the Afghan environ- ment. We were also given an overview of the contents of the emergency medical packs located in each truck and at strategic locations in all compounds. We learned about the Standard Operat- ing Procedures (SOP) designed to ensure our safety when being transported. Because of the substantial risks to foreigners, you stay in your armoured vehicle under all circumstances un- less instructed to exit. The Taliban or others will often stage incidents designed to entice foreigners to leave their vehicles. Once outside they be-

Blue Line Magazine 17 October 2013 Police HQ visit After our morning training session, we headed across Kabul for a meeting and lunch with General Ayoub Salangi, chief of the Kabul City Police. We met briefly with him and some of his key staff and EUPOL mentors. Lunch was a large and tasty spread of typical Afghani foods, including flat-breads, shish-kabob, rice and sautéed vegetables. After lunch we asked the general about his operation, the influence of EUPOL and poli- cing in Kabul. I asked his opinion about community based policing as opposed to more traditional policing models. He answered with a short question: “What happens to the fish if you take it out of the water? It will die... It is import- ant for the police to be with the people and to gain their trust. They need to work in the community so the people will know them.” Fighting against terrorists is the biggest challenge for police, Salangi said and Afghan police need more time, resources, technology International Journalists meet Afghan and money to bring them up to the standards Police Lt. General Mohammed Ayauh elsewhere in the world. Salangi, at left. He appreciated the support, training and mentoring from EUPOL and the help rebuild- ing policing, which has been one of the many casualties during the last 30 years. hybrid model, dealing with both emergency about everything from terrorist activities and Police emergency call centre calls (police, fire and ambulance) and just about corrupt police and government personnel In the afternoon, we were given a tour of every other governmental service need in a practices to human rights complaints and the police 119 emergency call centre in Kabul manner similar to a municipal 311 call centre. problems with International Security Assist- by Colonel Ayni, chief of the centre. It can The 119 centre is essentially a one-stop ance Force (ISAF – coalition) personnel. be reached toll free and functions in a sort of access point for civilians. It handles calls We were told a number of success stories. In one case a roadside IED was being placed outside a school. The call-taker stayed on the line with the caller while arranging police response and when officers arrived, the IED’s placement wasn’t yet complete. The person placing it was arrested and the bombs were successfully defused, likely resulting in many lives saved. The mostly female call-takers sit in small booths arranged around the main room and are equipped with a desktop computer and modern Internet Protocol (IP) phone that, at this point, provide only the caller’s number. The computer has an Internet and intranet connection and acts only as a resource tool. All incoming calls are digitally recorded. The 119 centre has become quite well known, to the point where the Taliban has apparently threatened to capture and hang civilians who call it. It has also attempted to disrupt the service by running a concerted campaign to overload it with prank calls. The centre’s more than 100 staff work three shifts and typically handle more than 400 calls each day.

Next month The field trip to Kunduz, graduation day, strategic objectives, justice, an interpreter’s view, Canada Day in Kabul, a truck bomb and the police staff college.

Tom Rataj is Blue Line’s Technology columnist and can be reached at [email protected].

October 2013 18 Blue Line Magazine Exceptional bravery and investigations honoured Vancouver Wells was assigned as lead detective Increasingly violent bank robbers in eight Vancouver area bank robber- have been removed from the streets in ies staged by armed suspects wearing Montréal and Vancouver thanks to the elaborate disguises. The amount of cash outstanding work of this year’s Can- demanded in each robbery increased, adian Banks’ Law Enforcement Award along with the level of violence. (CBLEA) recipients. Wells reviewed security videos and Senior Cst. François Clavel and statements from all the robberies and Cst. Bryan Brown of the Montréal quickly determined they were connected Police Service and Det/Cst. Dean because of similarities in the disguises Wells of the Vancouver Police Service and tactics used. No forensic evidence Robbery Unit each received the award was left at the scenes. It was through during a ceremony at the CACP conference in November 2012. The suspect had entered surveillance and his exceptional investigative in Winnipeg. the bank and threatened the security guard, skills that the suspects were tracked down and “Canadian financial institutions, their clients and staff with a gun. He made off with arrested as they left the eighth robbery. employees and customers are very grateful for a small sum of money and the bank quickly Wells’ thorough investigation, active the important work and dedication that these notified police. pursuit of the suspects and determination to three police officers have demonstrated, which Clavel and Brown responded and located stop the increasingly violent robberies resulted is why they are so deserving of this prestigious the armed suspect in a park, pursuing him first in banks, their employees and customers and award,” said Nathalie Clark of the Canadian by patrol car and then on foot. After a short the Vancouver community as a whole being Bankers Association. “Security and safety are confrontation they arrested him and seized his much safer. always the top priority for Canadian banks weapon, disguise and money. and that is why they work closely with police What made the case so extraordinary was services across the country to help protect their that both officers pursued the armed suspect Since its creation in 1972, 226 officers from across employees and customers.” without any hesitation, risking their own lives Canada have been honoured with the Canadian Banks’ Law Enforcement Award for their outstanding bravery, to make sure that an arrest was made. Their dedication and other noteworthy achievements in com- Montréal bravery and determination resulted in the ar- bating crimes against Canada’s banks. Visit www.cba.ca/ Clavel and Brown were the first to respond rest of a dangerous and violent criminal who award to learn more. to an armed bank robbery in a Montréal suburb was later linked to other area bank robberies.

Blue Line Magazine 19 October 2013 Major case management training

communities to deliver the content to services in accordance with the course training standard. by (Allan) Wayne Shorrock The OMCM Powercase course can also be OPC or service delivered. It is conducted by two The media, police service boards and even operational officers, seconded from Ontario police police services are raising the question of who services, to ensure current field practice and inves- needs major case management training (MCMT). tigative procedures form part of the curriculum. The issue is being considered from the perspective OPC also offers an understudy program, of community safety and the impacts of allocating allowing a police service to identify a member valuable resources to this process, balanced with (sworn or civilian) proficient in Powercase to at- the challenge of operating efficient and effective tend a 13 day course at OPC. They are tested on police services. their knowledge, provided the course materials, The significance of the impacts of systemic acknowledge the challenge “… to fully implement then mentored and coached as they co-deliver a MCMT is apparent when communities become such a major shift in policing practices, especially 4 10 day course with the OPC seconded officers. aware that a serial predator may be targeting bearing in mind the training requirements....” The understudies can then deliver the training at victims in their area. Campbell indicated in his report that “This is their police service in accordance with the course The names Willie Picton, Terri-Lynne Mc- a review of the work done by local and provincial training standard. Clintic, Michael Rafferty, Russell Williams, law enforcement and forensic agencies during 5 Since 1996, the OMCM system has been Paul Bernardo or Clifford Olsen raise questions the Bernardo investigations.” The inquiry was credited in high profile cases such as the Holly about the process of and applicability of major ordered by Lieutenant Governor H.N.R. Jackman Jones murder, Cecilia Zhang abduction and case management (MCM) practices in affected to review various aspects of the investigations murder, Bandidos massacre and Russell Williams communities. Each name evokes the image of leading to charges against Bernardo. and Tori Stafford investigations. Each shared a predator, undermining public confidence and Campbell introduced his report by stating similarities with the Bernardo investigation and creating a climate of fear. “Between May of 1987 and December 1992, Paul posed unique challenges for investigators. These serial crime investigations tax human Bernardo raped or sexually assaulted at least 18 MCM techniques and opportunities to en- resources and diminish community, provincial women in Scarborough, Peel and St. Catharines hance training continue to evolve and Ontario’s and federal budgets. All were complex and multi- and killed three women in St. Catharines and 6 stakeholders in public safety are currently exam- jurisdictional, with evidence of all kinds to be Burlington... ining police practices, looking to find effective, collected, analyzed, prioritised and investigated. “The Bernardo case, like every similar inves- efficient future focused strategies to deliver to All these predatory suspects met the criteria for tigation, had its share of human error. But this is police services in this fast paced, ever changing a major case requiring experienced, dedicated, not a story of human error or lack of dedication environment. trained managers and investigators. or investigative skill. It is a story of systemic 7 Stakeholders and police leaders continue to The late Justice Archie Campbell’s report failure.” recognize the six principles fundamental to the and recommendations, (Bernardo Investigation Campbell’s inquiry came up with 27 recom- Police Service Act of Ontario, which declares Review), published in June 1996, identified sig- mendations. The Ontario government established “The need to ensure the safety and security of all nificant systemic failings in the investigation of a committee which would evolve into the Major persons and property in Ontario.”9 MCM and the serious criminal offences. Sixteen years later in Case Management unit within the Ministry of concurrent training of members is one methodol- November 2012, Commissioner Wally Oppal’s Community Safety and Correctional Services, ogy to meet this objective. report “Forsaken” details systemic failings in Public Safety Division. “The pattern of predatory violence was clear the investigation of missing women in British A guideline and manual were developed and should have met with a swift and severe Columbia. by operational investigators, which became a response by accountable and professional institu- Both reports contain recommendations that regulation supported by the Police Services Act tions, but it wasn’t,” Oppal stated in his review of speak to the necessity for systems to ensure serial of Ontario in January 2005. the missing women inquiry. 10 predator behaviour is detected, identified and pro- In Ontario, for identified criteria offences, After 16 years of applied, exceptional experi- actively investigated to protect the communities police services follow the Ontario Major Case ence using the Ontario MCM model, the question where they prey. They also both identified the Management (OMCM) manual and use the of who needs the training appears to have a very need for structured training dedicated to ensuring ministry approved software Powercase. Our clear response; those who wish to best serve their consistency in applying systemic approaches to research indicates as of this date, Ontario is the communities. managing major cases. only province to legislate MCM training and Campbell first articulated the need, recom- “the only place in the world to have this type of mending that “A major case management system computerized network for case management.”8 1. Bernardo Investigation Review, Report of Mr. Justice is required for major and inter-jurisdictional serial To complement the OMCM and respond to Archie Campbell, June 1996, Queens Printer, page 319 predator investigations.”1 Campbell’s identified need for training in this area, 2. Forsaken, The Report of the Missing Women Com- mission of Inquiry, The Honourable Wally T. Oppal, QC, Oppal’s summary of recommendations for the Ontario Police College (OPC) was tasked with British Columbia, November 19, 2012, Executive Sum- “enhanced police investigations” states require- designing province wide, police specific training mary, page 149 ments for “The provincial government (to) man- and plays a key role in delivering MCM training 3. Bernardo Investigation Review, page 319 date the use of major case management for major to police. 4. Forsaken, Executive Summary, page 99 crimes and that the director of police services OPC provides an OMCM “Principles and 5. Bernardo Investigation Review, page 1 6. Bernardo Investigation Review, page 1 develop these MCM standards in consultation Practices Course” for members of the command 7. Bernardo Investigation Review, page 1 with the police community and through a review triangle and software training on Powercase. It 8. www.mcsc.jus.gov.on.ca/english/police_serv/Major- of best practices in other jurisdictions.”2 has delivered the course at the Justice Institute CaseManagement/mcm.html, page 1 There are marked similarities of experiences of British Columbia and routinely hosts students 9. Police Services Act of Ontario, R.S.O.1990, Chapter in the cases, including the challenges police faced from police services across Canada and the rest P.15, Section 1 in the investigation and management of a major of the world. 10. Forsaken, Executive Summary, page 4 criminal investigation. In Ontario, recognizing the scope of demand Campbell advised “specialized training for for MCM training, OPC offers its course at the Wayne Shorrock is a chief instructor in the Practical senior officers in charge, senior investigators and college, sends instructors to train at police servi- Police Training section of the Ontario Police College. inter-disciplinary support teams.”3 Oppal recog- Contact him at [email protected] or 519 773- ces and provides OPC lesson plans and teaching 4488 for more information. nized the importance of police training when he materials and finds supporting resources within

October 2013 20 Blue Line Magazine Science Beat by Brent Snook Interviewing intoxicated witnesses

Don’t be information items provided from the telephone misinformation than their sober counterparts. It conversation. seems they are as good eyewitnesses as sober short-sighted about Their main analysis of the data showed individuals – at least when on the lower limit no difference between the alcohol, placebo or of intoxication. The authors argue that their alcohol myopia control groups on memory performance. That counterintuitive findings can best be explained through the theory of “alcohol myopia.” Many psychologists, including myself, are is, when compared against sober individuals, When intoxicated, people have a limited likely to recommend investigators wait until intoxicated participants did not provide sig- attention system that focuses upon central in- intoxicated individuals sober up before inter- nificantly less correct information, more false formation and ignores peripheral information. viewing them about events they have witnessed. information, more ‘I don’t know’ responses Intoxicated individuals are not able to attend We are also likely to caution that you’re not and were no more uncertain in their statements. to all relevant situational information so they likely to get much of value from an impaired Moreover, they found evidence of a misinfor- are more likely to be influenced by the salient witness because alcohol tends to limit cogni- mation effect – those exposed to misinformation cues in a given situation (e.g., someone being tive abilities such as attention to details and reported more than those not exposed – but the injured) at the expense of weaker cues (e.g., the the processing of information. Such advice intoxicated individuals did not report greater colour of a shirt). would likely be based upon research showing levels of post-event misinformation than sober Overall, the findings suggest that it may be that alcohol impairs memory; albeit, for simple individuals. possible to get as much complete and accurate stimuli such as a list of words. Another interesting finding from their study information from intoxicated individuals as you However, new research published in Law pertained to interview format. Compo and can from teetotalers. and Human Behavior is challenging views colleagues found that using a cued-interview on the link between intoxication and eyewit- format resulted in more false information being reported from intoxicated individuals than their ness testimony. A team of researchers led by Brent Snook, B.A., M.Sc., Ph.D., is an Associate Profes- Nadja Schreiber Compo at Florida International sober counterparts. sor in the Psychology branch of Memorial University in St. Their findings suggest intoxicated indi- John’s, Newfoundland. Contact him at [email protected] University examined the relationship between or 709 864-3101 for more information. intoxication and recall performance when viduals are not likely to have greater memory witnessing realistic stimuli. The researchers impairments or be more susceptible to adopting carefully screened 93 undergraduate students and assigned them randomly to one of three groups: alcohol, placebo or control. All participants were first asked to sit at a “bar” and watch the experimenter prepare bev- erages. Participants in the alcohol group were given vodka and cranberry drinks, resulting in a breath alcohol concentration of 0.06 to 0.08 g/200L some 30 to 40 minutes after intake (which was based on gender and weight). Those in the placebo group were led to believe they were given the same alcoholic drink – they were not. The control group drank cranberry juice. Each participant was later taken to a differ- ent room and asked to write down all that they could remember about the bar. Breath alcohol concentration was taken again to ensure the participants in the alcohol group met the legal definition of intoxication. A short while later, the participants witnessed a staged theft – a laptop being stolen from the room – and listened to a one-sided telephone conversation between the experimenter and a university employee about the theft. Then there was a twist! Half the participants in each of the three conditions were exposed to a telephone conversation that contained misinformation about the event. The researchers then tested memory performance for each participant (by record- ing the percentage of correct, false, uncertain and ‘I don’t know’ responses, accuracy rate and number of words reported). To test the misinformation effect (erroneous information provided to participants after the event ended), the researchers measured the number of mis-

Blue Line Magazine 21 October 2013 Deep Blue by Dorothy Cotton It’s all a matter of positioning I spent the morning sitting outside on my They give as an example a comparison of cottage deck reading. Curiously, there appear to four different strategies used in Minnesota to be very few times when the stars align and the encourage people to file their taxes: conditions are perfect for morning deck reading. 1. Telling people about all the good things their The weather has to be just right – not too hot tax dollars are used for. or cold. It can’t have rained overnight because I 2. Telling people the penalties for non- am generally too lazy to wipe down the chairs. compliance. I have to have time and not be committed to 3. Offering people assistance in filling out their other activities, something to read – ideally tax forms. something in my e-book where I can adjust the 4. Telling people more than 90 per cent of light level to suit the conditions – and be able residents comply with their obligations under to find my sunglasses. the tax laws. Notably, a number of the conditions I have The only strategy that had any effect was outlined are outside of my control (weather, the last one. If you tell people everyone else temperature). Others (the appropriate book and is doing something, they are more likely to whether I feel like reading outside) are solely of what we tried to accomplish in community do it. It seems to me that this may have some under my control. Several conditions may be policing essentially constitutes nudging. It is a interesting implications for how we talk about controlled either by myself or someone else way of setting up conditions so that people are high crime areas and related statistics such as (the time schedule, whether the chairs have more likely to choose the best or most adaptive school dropout rates. been wiped down). option, not forcing them into decisions but Emphasize that two out of every 10 youth If for some reason my husband were par- rather making it easier to make the correct in a certain area are members of a street gang ticularly keen that I should be out reading rather choice. How do we make people want to drive and 40 per cent of students in a given high than in the cottage (which may occur if he wants at the speed limit? Put down their cell phones school never graduate and you are in fact en- to sleep in), he can influence my behaviour. while driving? Not loot following a natural couraging them to join the gang and drop out He can ensure we have no morning activities disaster? Refrain from joining a gang? Rat out a of school. Emphasize that eight out of every scheduled, find my book and sunglasses and friend who has committed some heinous crime? 10 youth in that area do not join gangs and leave them in an obvious location, suggest to For that matter, how do managers and 60 per cent graduate and you are encouraging me the night before that I might want to read supervisors encourage staff to make good deci- a different kind of behaviour altogether. You outside – he might even cover one of the chairs sions about coming to work, following policy haven’t changed the statistics or the true state with plastic so it will be dry in the morning. and treating the public well even when they’re of affairs but you have nudged people in the What tends not to work is for him to issue a not convinced they deserve it? right direction. decree to me: “You should read outside on the In many ways, you could argue that this Then there was the “Don’t mess with deck in the morning!” That kind of thing tends book is Intro Psych with more amusing stor- Texas” anti-litter campaign. State officials noted to get my dander up. Even though neither my ies and fewer tedious academic references. It that most litterers were young men 18-25 (who, husband nor I have any real control over many is essentially about how we get anyone to do as we know, seem to be responsible for 90 per of the factors that influence my reading-on- the- anything. It talks about incentives, changing cent of the world’s ills). Somehow they were deck behaviour, he can certainly nudge me in defaults, education... not news, I dare say, but not impressed by the “keep our state pretty” the desired direction. it does make one think. type campaigns that seems to resonate with This brings me to the subject of this Take the power of social conformity. This little old ladies. column, a book entitled Nudge: Improving is also not news to most of us, of course. People A campaign involving huge pro football decisions about health, wealth and happiness. like to do what other people are doing. The players driving big honking trucks and crushing The concept of nudging someone should not authors argue that one of the most persuasive littered beer cans with their bare hands while be unfamiliar to anyone in policing. Although ways of changing behaviour is simply telling grunting “Don’t mess with Texas” did the trick, people tend not to use the word “nudge,” a lot people what others are doing. however. The message here? If you can relate to the messenger, you are more likely to relate to the message. A different kind of nudging can occur in a school cafeteria. You may be familiar with experiments where schools eliminated menu choices such as chocolate covered poutine and deep-fried lard in favour of lentil bisque and vegan burgers. These decisions did not result in students engaging in healthier eating but simply going across the street to the fast food joint for lunch. Simply placing the poutine and lard on a higher shelf however, slightly outside of eye- shot, and putting all the green things front and centre resulted in students making much health- ier choices. They were not directed or legislated into eating differently but opted to make better

October 2013 22 Blue Line Magazine choices. It’s all a matter of positioning. The authors talk about the role of the “choice architect.” In the above instance, the school dietitian is the choice architect by arran- ging things to maximize the likelihood students will make their own healthy choices. I like the phrase “choice architect,” even though the concept is not new. There are ways of setting things up so certain decisions are more likely to result. If your magazine subscrip- tion automatically renews itself if you take no action, you are likely to still be getting “Today’s Toddler” even when your kids are in college. Getting dementia patients Someone designed things so that you are more likely to keep subscribing. The magazine people safely home are the choice architects in this case; they set things up to make it easier for you to make (in It’s one of the scariest and also most com- MedicAlert Safely Home members select this case) the choice they want you to make. mon behaviours associated with Alzheimer’s an ID to wear at all times. Through a unique One of the things I liked about this book disease – becoming lost with no idea how to 24/7 emergency hotline, inscribed on the ID, was that it reminds us all that some of the things get home. emergency services personnel are granted im- that we THINK influence behaviour really People around them may want to help mediate access to a complete medical profile don’t work. Threats of punishment, moralistic but don’t know where to start. That’s why and emergency contact information. When a lectures? Not so much. Constant feedback, Canadian medicAlert Foundation and the member with Alzheimer’s disease or dementia incentives, social pressure, simplifying the Alzheimer Society of Canada have united to is found – even if they’re unable to answer good choices, leveling the playing field... and launch the MedicAlert Safely Home program to basic personal questions like where they live a host of other things we learned in Psych 100, help Canadians with dementia live as safely as – MedicAlert will provide critical information work better. possible. The nation-wide initiative is designed and immediately notify emergency contacts. Have a look at the book. I’ll bet you find to quickly help identify those who are lost and Some 747,000 Canadians live with a form at least one idea that will change the way you assist in a safe return home. of dementia. When they wander, check for do your everyday work. The program uses the MedicAlert data- a MedicAlert ID. It’s the quickest way back base to store full medical information about the home to the person’s caregiver or family. person with dementia, including what medica- Call the 24/7 hotline. A live operator will im- Dr. Dorothy Cotton is Blue Line’s psychology columnist, tions they take, information about allergies or mediately give you the person’s emergency she can be reached at [email protected] conditions and a record of their medical history. contact details.

Blue Line Magazine 23 October 2013 Monument lifts the burden

Photo: Georgina Short by Danette Dooley Newfoundland Constabulary marched along The Badger Monument consists of two Church Road. They confronted a group of log- granite pieces, one in memory of Moss and Some say the granite monument unveiled in gers, who had been lawfully on strike against the other to note a major turning-point in the the Town of Badger on July 31 has lifted a cloud their employer, the Anglo-Newfoundland history of labour relations in Newfoundland that’s hung over the central Newfoundland town Development Company, since New Year’s Day. and Labrador. for more than half a century. The two groups clashed and harsh words Moss’s monument, with a depiction of his Others say the monument and its storyboard turned to violence. Police used their 18-inch likeness, reads: “We remember and honour tells, for the first time, what actually happened long night-sticks and the loggers hit back with the memory of Constable William Moss, a on that fateful day of March 10, 1959. Just sticks. William Moss, a young constabulary member of the Newfoundland Constabulary after 6 pm, 66 officers from the RCMP and constable, was fatally injured in the melee. who was fatally injured in the line of duty on 10 March, 1959.” The second piece of granite reads: “We remember and honour the courage and strength of the men who took part in the 1959 loggers’ strike. They made Newfoundland a better place for themselves, their families and for all New- foundlanders and Labradorians.” Royal Newfoundland Constabulary Chief Robert Johnston says, as the storyboard sug- gests – the Badger Riot, as the clash became known, was a turning-point in labour relations. The striking loggers won substantial improve- ments in their wages and working conditions. They and police forces alike developed mutual respect learning how to preserve the balance between public order and safety on one hand and the rights of those lawfully on strike on the other. “The monument is an opportunity for us to reflect on how far we’ve come and how important it is that we get it right when we’re involved in such things as collective bargaining and crowd management,” Johnston said. Having the monument erected will boost the town’s tourism and make a huge difference to its residents, he noted. “The story is now being told and told cor- rectly. The tragedy that took place in Badger wasn’t the fault of Badger. There were errors made by government, labour and police that created the moment where William Moss lost his life. Now, out of that incident, we’ve come a long ways today.” Johnston says while the Town of Badger, provincial government, Newfoundland and Labrador Federation of Labour, RNC Police

October 2013 24 Blue Line Magazine Association and many other supporters came together to make the monument a reality, one of his officers played a pivotal role. “Cst. Georgina Short provided the leader- ship, the continuity and the drive to make this happen, and the day we unveiled the monument, the town’s mayor made Cst. Short an honorary citizen because of the work she put into the project. As chief of police I give her a great deal of credit for the success of July 31 and that beautiful monument.” Badger Mayor Mike Patey said the con- stabulary’s police chief and the veteran con- stable were instrumental in the success of the project. “Georgina came in and helped us… She fol- lowed all the protocols and she did a wonderful job putting it all together.” Newfoundland and Labrador Premier Kathy Dunderdale also participated in the unveiling. Photo: Rod Bennett “For all Newfoundlanders and Labrador- ians, Badger will forever be recognized as the place where, from one of life’s greatest traged- profound effect on the people of the province. the monument means to his residents and the ies, we learned one of life’s greatest lessons. “It came to signify the beginning of a new province. We must always find ways to work through era – an era where health and safety and fair The death of a young man wasn’t some- differences whenever they arise, because life benefits for all workers became a priority for thing anyone could ever envision happening, he is fragile and precious… Let this profound employees, employers and administrators,” said. Yet it did happen and the town’s residents lesson be the enduring legacy of Constable she said. have been carrying the burden ever since – “but William Moss.” Two signs were also unveiled. One names when we unveiled that monument that burden In commenting on the second plaque the the town’s walking trails “Logger’s Way” and was lifted.” premier said while the strike resulted in signifi- the other names the ball field “Constable Wil- cant improvements in the loggers’ working con- liam Moss Memorial Softball Field.” Danette Dooley is Blue Line’s East Coast correspondent. ditions, the death of Moss also had a much more The town’s mayor summed up well what She can be reached at [email protected]

Blue Line Magazine 25 October 2013 holding the line Sgt. Bruce MacPhail Award by Stephanie Conn for Academic Excellence at Tired of being tired Dalhousie University

It’s no secret that the demands of police It may also be difficult for partners, friends work make getting good sleep difficult. Poor and adult in your life. You may feel internal or sleep – which could be due to shiftwork, or- external pressure to forgo sleep so as to not miss ganizational stress, personal life stressors or a spending time with others who have a normal traumatic event or accumulation of events – has schedule. Resist this urge! You wouldn’t wake been associated with poor job performance, your family up at 3 a.m. to watch a movie, accidents, increased alcohol use and health would you? 1 problems. Let’s take a look at each factor and Talk to your family and friends about your Constable Robert Warren of the Saanich how it can be countered. need for sleep and how it affects your health Police in Victoria, British Columbia, is the 2013 and safety, then look for ways to focus on them recipient of the Sergeant Bruce MacPhail Shift work during your waking hours or days off. It might Award for Academic Excellence in Dalhousie Shift-work disorder (SWD), a mismatch seem that you’re occasionally missing out on University’s Police Leadership Program. between internal sleep-wake cycle and the tim- events but that’s far better than completely This award represents the attributes, ethics ing demands of shiftwork, affects many police missing out later when you are suffering from and self-confidence Sgt. Bruce MacPhail officers. Unfortunately, its impact extends be- physical health problems related to sleep dep- demonstrated in his own personal life to attain yond the shiftwork years, even into retirement, rivation or the aftermath of an accident due to personal and professional success. The award because the body has never readjusted. fatigue. was established in 2001 by Phyllis MacPhail Research indicates that those who work Various personal life stressors such as in memory of her son, and commemorates his straight days tend to get more sleep than those financial strain, health concerns or relationship dedication to life-long learning in the field of who work evenings or overnight shifts. This is, difficulties may also compromise your ability law enforcement. in part, due to the impact of lightness-darkness to get good sleep. Thoughts of these difficul- on the sleep-wake cycle. Those who work ties may prevent you from being able to fall or Rob joined the Saanich Police in 2001. night shift are more prone to sleepiness due to stay asleep. During his police service, Rob has spent nine the absence of light during their waking hours Keep a notebook by your bed to write down years as a Patrol and Traffic Safety Officer in and the presence of light while trying to sleep. your concerns. If you find thoughts interfering the Uniform Division and three years in the There are several things you can do to with your ability to drift off, write them down Detective Division’s Family Protection Unit help. If you’re having trouble falling or stay- and schedule a time to “worry” about them. I conducting child abuse and internet child ing asleep, taking melatonin three hours before know it sounds strange but it works! Each time exploitation investigations. going to bed may help – it promotes sleepiness. the thought comes back, remind yourself that Rob has worked as a Legal Update and Making your sleep area as dark as possible and you can’t do anything about it at the moment Response Options Instructor for the Saanich getting as much light as possible during your and have set aside a time to deal with it later. Police and teaches on occasion for the Justice waking hours is also suggested. If you’re sleepy Institute of British Columbia’s Police and Public before going to work, a 20-minute nap can help. Traumatic event(s) Safety Academies. Sometimes the intrusive thought is a mem- Rob has been a Hostage/Crisis Negotiator Organizational stressors ory of a traumatic event you have experienced since 2009 and serves as the Crisis Nego- One aspect of organizational stress is feel- or witnessed. This occurs because the memory tiation Team Leader with the Greater Victoria ing you have no control over your personal hasn’t been stored in your brain properly due to Emergency Response Team. time. A low sense of control combined with the overstimulation of your amygdala.2 It will Rob received his Certificate in Police heightened levels of stress chips away at offi- continue to intrude until you take measures to Leadership in the Law and Justice Concentra- cers’ resilience and, consequently, their health. process the event. tion by completing the Police Leadership and You probably can’t pick your work schedule Essentially, the brain has a natural drive Management Development, Legal Issues in but you can choose how you spend the hours to heal so it keeps reminding you of the event Policing, and Policing and the Law of Human outside work. Fill your free time with things until it “learns” it has actually ended (see Rights courses. He also completed the Man- that refill your tank – exercise, recreation, Shapiro’s book for a more comprehensive aging Police Performance: Coaching Skills hobbies, rest, etc. description). A counsellor trained in trauma, for Police Supervisors course and practicum, There are many other organizational stres- particularly EMDR, can assist you with this earning his designation as a Dalhousie Uni- sors that would require a book (or several) to process and offer additional suggestions for versity Certified Police Coach. cover. Suffice it to say that you have to deter- better sleep. Prior to joining the Saanich Police, Rob mine what is within your control and what’s Getting good sleep shouldn’t be a night- served as an Artillery Officer with the Canadian not. If you can’t change something, let it go. mare. Instead, diligent attention to healthy Armed Forces and worked as a Secondary If it doesn’t help the situation to think about habits can result in sweet dreams. School Teacher in the Saanich School District. it and lose sleep over it, there’s no point in Rob earned his Bachelor’s Degree in Military persisting to do so. 1. Neylan, T. C., Metzler, T. J., Best, S. R., Weiss, D. S., and Strategic Studies from Royal Roads If thinking about it was going to be helpful, Fagan, J. A., Liberman, A., & Marmar, C. R. (2002). Criti- Military College in 1994 and his Secondary something would have changed by now, right? cal incident exposure and sleep quality in police officers. School Teaching Certificate from the University Psychosomatic Medicine, 64, 345–352. of Victoria in 1997. Personal life stressors 2. Shapiro, F. (2012). Getting past your past: Take control of your life with self-help techniques Rob’s wife Rachel and their three children Having a family may make getting sleep from EMDR therapy. Rodale Books. provide him with ongoing encouragement even more difficult. Kids may not understand and support in his personal and professional why mom or dad needs to sleep during the day. endeavours. Rob would like to thank both the I remember waking up to find that my nephew Stephanie Conn is a registered clinical counsellor and former communications dispatcher and police officer. To Saanich Police and his course instructors for had surrounded my bed with army toys so we find out more visit www.conncounsellingandconsulting. their assistance with his studies at Dalhousie could do battle the moment I awoke after my com or email her at [email protected] . University. overnight shift.

October 2013 26 Blue Line Magazine Exotic pet laws are inconsistent by Olivia Schneider

On Aug. 5, a holiday Monday in much of Canada, a small New Brunswick community garnered the shocked attention of the world. Two young brothers, Noah and Connor Barthe of Campbellton, were found dead, apparently killed by an African rock python. Autopsies showed the children, aged 6 and 4, had been asphyxiated. Jean-Claude Savoie found the boys dead on his living room floor, where they had spent the night as sleepover guests of he and his young son. Savoie, who owned the Reptile Ocean pet store located below his apartment, called 911. The New Brunswick RCMP determined the python, which weighed about 45 kg – about the weight of a Rottweiler – escaped from its enclosure in Savoie’s apartment, got into the Saskatchewan who teaches property, agriculture beyond providing the basics of food, shelter and home’s ventilation system and then fell through and wildlife law. “There’s no national regime,” not abusing it,” she noted. A quick review of the ceiling into the living room where the boys she said. “Usually someone, somewhere, was al- web sites devoted to exotic pet care demonstrate were sleeping. lowed to have a snake, but then they move or give contradictory advice from well-meaning owners. Police announced they were treating the it away and it’s illegal.” In addition, endangered Few veterinarians specialize in exotic pets and situation as a criminal investigation. Friends and species cannot be kept as pets. those who do are generally located in larger cities. supporters of Savoie took exception to this and More illegal animals were discovered during Following the death of the Barthe brothers, some stood outside Reptile Ocean, yelling and the search of Savoie’s store, including a pregnant extremes in viewpoint have been showcased in swearing at police officers working the scene. American alligator. Animals that could not be public debate on web sites and elsewhere, with In the initial days following the tragedy, relocated to zoos were euthanized. That is where some people calling for a ban on all exotic animals there were many questions begging for answers. another challenge arises for policing illegal pet and suggesting harsh penalties for those who Snake experts asked why a seemingly unpro- ownership: often the illegal animal’s presence break the rules. Others defend exotic pets, noting voked African rock python attacked the boys. is not known until there is a crisis. “You don’t more people are injured each year by dog bites Officials wanted to know why the snake was go out and walk snakes,” Farnese said, “so it’s and cat scratches than snakes and other exotic pets. kept as a pet in a province where its ownership difficult to know who owns one.” This is not a conversation unique to exotic has been illegal since 1992. The public wondered Overall, Farnese described the problem of pets, Farnese pointed out. Every few years, some whether Savoie had been negligent in ensuring regulating exotic pet ownership as a “political type of animal becomes synonymous with violence the safety of his son and the Barthe brothers. hot potato.” Since animal regulation in general – it became illegal to breed the pit bull in Ontario in The role of a police investigation is to answer is such a complex issue, it’s difficult to enact 2005 but not in other Canadian provinces. questions and determine possible criminal liabil- change. It can also be hard to determine what Farnese thinks the first and best strat- ity, but the investigating team also had questions makes a specific breed of snake or other exotic egy would be to create national consistency about how to proceed in the situation, unique pet dangerous when a jurisdiction is weighing the around laws on exotic pet ownership instead of in Canada. Sgt. Alain Tremblay was quoted by decision to prohibit ownership – especially when tightening regulations in individual communities media as saying police were taking “baby steps” there are multiple factors at play. Farnese thinks following a tragedy. in the case. “Nobody in the RCMP is an expert it’s important to be vigilant when considering “It’s a polarizing debate,” she acknow- on snakes or reptiles,” said RCMP spokesperson, permits, especially with densely populated areas ledged, “that I’m not surprised the government Cst. Jullie Rogers-Marsh. and multifamily dwellings. doesn’t want to take up.” The case quickly appeared in news stories In addition to human safety, there’s the issue around the world, with incorrect information of animal welfare to consider. Farnese said cur- initially circulated in some media. The victims’ rent laws are not necessarily helpful. “There’s no Olivia Schneider is Blue Line Magazine’s Maritime cor- respondent, and can be reached at [email protected]. gender and ages were sometimes wrong, as was requirement for how the thing should be kept, the snake’s breed. Rogers-Marsh said the false information didn’t affect the investigation, but reflected the challenges police face when global interest is so high. “It’s very important to get accurate infor- mation out to the media,” she said. “We can’t speculate, but in some cases we just have to go with what we know and realize things are going to change as the investigation continues.” The deaths have re-opened a national discus- sion on the laws governing exotic pet ownership. One problem lies in the lack of consistent regula- tion for reptile ownership across Canada. This patchwork of laws means that snake owners with legal pets can become lawbreak- ers by moving from one Canadian community to another, noted Professor Patricia Farnese, an assistant law professor at the University of

Blue Line Magazine 27 October 2013 Book review

The Notorious Bacon Brothers – Inside gang warfare on Vancouver Streets

Langton’s book confirmed two things I Author: Jerry Langton have long suspected. First, the judiciary’s Publisher: Wiley unwillingness to do anything about organ- Reviewer: Morley Lymburner ized crime groups. The judiciary means nothing to these criminal organizations – a My eyes widened recently when reading mere inconvenience to attaining their goals. Jerry Langton’s new book, The Notorious Second, the ineffectiveness of fragmented Bacon Brothers. The three brothers became police jurisdictions and the lack of commun- involved in British Columbia’s drug trade ity focused cops in many places. right out of high school, dealing not only All this is quite well documented in the in the human misery of drug abuse but also book. For example, as Langton points out the gun culture and psychopathic lifestyle on page 128, the notorious Bacon brothers of killing off the competition. This included moved from Abbotsford to Surrey. Why? I using innocent citizens as collateral damage will let the author explain: and pawns in support of their endeavours. The Bacons left Abbotsford on February The most controversial Bacon killing has 21, 2007 and moved into a rented but very become known as “the Surrey six.” While luxurious house in Surrey. It’s interesting to trying to kill off drug competitors in a posh note that while much smaller than Surrey, apartment one of the brothers snuffed out the Abbottsford has a distinct police force, while lives of the building superintendent and a gas Surrey is patrolled by an RCMP detachment. maintenance man with no more remorse than The feeling among many youth in the area stepping on ants on a sidewalk. Rubbing out to the bottom of it all and ensure it didn’t was that it was easier to get away with crime a rival gang was more than enough reason to happen again. in Surrey because the RCMP were fewer in kill two innocent people. Wrong place at the Ah yes! The dirty work was left to the number and more transient, caring less about wrong time. cops regardless of what the judiciary would the community than their career options What societal attitudes prevail in a coun- do with them, or what it had done in the past (within the RCMP). try that tolerates these types of people? After – and if anything goes wrong, of course, it is The lack-lustre judiciary was under- the deaths the pressure was on police to get obviously a police issue and nothing more. scored by Langton’s comments on page 148. He found many Canadians involved in the drug trade are afraid to travel to the United States, where sentences are much stiffer. A typical sentence of two years concurrent for five offences in Canada would end up being ten years consecutive in the U.S. Canadian organized crime figures have long seen Can- ada as a haven from real justice. Couple the Canadian judiciary’s penchant for concurrent sentencing and non-existent capital punishment results in a system which permits unlimited killings. Innocent people who get in the way mean nothing. Shootings at any place and time of day can be common. The punishment for such actions is free room and board for 10 to 20 years. Get an education or religion while in the slammer and you are back on the street in record time. As Langton explains on page 244, Judge Cullen sentenced Jarrod Bacon to 12 years, minus “five years’ credit for the time he had already spent behind bars, leaving just seven years and two months on his sentence. Barring complications, that meant the latest he would be released would be July 2019, when he would be 36 years old. Since he would be eligible for parole after half his sentence, that means he could apply as early as July 2013.” A Canadian drug trafficker convicted of a similar series of offences in an Oklahoma court was given 30 years, with no chance for parole. He had good reason to be fearful. The US courts know the value of deterrence... Canada has much to learn.

October 2013 28 Blue Line Magazine DISPATCHES

Chief Superinendent Brenda Butterworth-Carr has been selected as the new Commanding officer of the RCMP in Saskatchewan. She will com- mence her duties in charge of “F” Division in September after the retirement of A/Commissioner Russ Mirasty. Butterworth-Carr is from Dawson City, Yukon. She is a mother of three and a member of the Tr’ondek Hwech’in Han Nation. She has more than 25 years experience in policing. Butterworth-Carr started her career after finishing high school as a summer student in Whitehorse. She joined the Royal Can- adian Mounted Police in 1987 as a Native Special Constable and spent years working in Yukon where she became a corporal in 1999. Since that time Butterworth-Carr has had a remarkable career serv- ing in British Columbia, Ontario and Saskatchewan. While working in Ottawa, she was the first woman to lead the national bureau for aboriginal policing and crime prevention services. She is also the first aboriginal woman ever promoted to the rank of Chief Superintendent within the RCMP. She was also the first female officer to take charge of the detachment in Prince George, B.C. and was also named female superintendent in the Pacific region. ••• Terry Armstrong is the new Nishnawbe-Aski Chief of Police effective September 3, 2013. Armstrong will succeed Robert Her- man, who has held the position of Acting Chief of Police since January 23 of 2013. Chief Herman took on the task as Acting Chief of Police after retiring from the Thunder Bay Police Service. Terry Armstrong spent most of his policing career with the Ontario Provincial Police (OPP) in Northwestern Ontario, and served as a First Nation Constable in Pikangikum for three years prior to becoming an OPP officer. He served many years in the Northwest Patrol and served secondments to First Nation policing, including Acting Chief of the Lac Seul Police Service. After retiring from the OPP in 2010, Terry served as Deputy Chief of Operations for the Treaty Three Police Service. ••• Bill Stephens, Director of the Ontario Police College Since May 3, 2010, announced his retirement from that position as of the end of November. Stephens accepted responsibility for one of the largest residential police training colleges in North America. With over 1300 recruits, and 8,500 senior students completing training on an annual basis – OPC plays an integral role in the training and development of police officers throughout the province. He began his policing career with the Windsor Police Service in 1971, and worked in progressively more responsible positions through the organization, including uniform patrol, intelligence branch and criminal investigation before becoming the Superintendent in charge of Patrol Training. In 2001 Stephens became the Deputy Director of the Ontario Police College, and provided leadership and direction to both the Patrol Training, and Senior and Special course areas. Bill has completed an extensive number of courses at both the Ontario Police College and the Canadian Police College. He was also a participant in the inaugural class of the Police Leadership Program at the University of Toronto, Rotman School of Management.

Blue Line Magazine 29 October 2013 technology by Tom Rataj Security tools and tech in Afghanistan The personal security situation for foreign- ers working in Afghanistan is dangerous. Beyond the general chaos found in any third-world country, there are also shootings, suicide bombers on foot and in cars and trucks, remote controlled IED’s and attacks on foreign owned properties and places like hotels. The ever present risk of the “abduction for profit” business is also high. Protecting foreigners is big business for the many contractors operating in the country. They provide 24-hour armed security for facili- ties and safer local transportation in armoured vehicles.

Armoured passenger vehicles The Mercedes Geländewagen (G-Wagon) a leading German specialist with 30 years of The entire suspension system and chassis is the leading armoured vehicle used in Afghan- experience. is also overhauled to provide durability and istan. The most common version starts-out at They are completely armoured using multi to cope with the additional weight of the ar- the Mercedes factory as just another 4-door layer laminated glass, ballistic steel panels, mouring systems while still maintaining near all-wheel-drive SUV, powered by a 3.5 litre reinforced roof pillars and various custom civilian-class driveability. turbo-diesel engine mated to a 7-speed auto- fabricated components to handle all the heavy The $300,000 G-Wagons used by EUPOL’s matic transmission. armouring components. All seams and junction security contractor (HART Security) in Afghan- Before being delivered for service, they points are fortified and overlapped to prevent istan are rated at B6+ and can protect against all undergo a substantial transformation by com- munitions from penetrating the cabin and to small arms fire that we were likely to face, I was panies such as Alpha Armouring Panzering, make the whole vehicle more blast resistant. told, including the popular and common AK47. Alpha Armouring also produces its own house-branded Atlant variant of the G-Wagon and the Mercedes Sprinter panel van. It also produces an armoured version of the Toyota Land Cruiser. Additional equipment typically installed in the armoured SUVs included a mobile radio, GPS based navigation unit and tracking with an emergency alarm/beacon, and a jammer that jams radio signals for a short perimeter around the truck to stymie radio and cell-phone con- trolled IEDs from being set-off nearby.

Convoy driving Being driven around the chaotic streets of Kabul in our G-Wagons was always an interest- ing experience. Our group of 4 trucks always drove together in a tight convoy configuration to prevent being separated. When arriving at intersections or traffic circles, the lead truck would drive into it first and block traffic until the other three trucks cleared. The driving was at times very aggressive and downright ignorant, sometimes clearly annoying and offending local motorists and pedestrians. On one occasion a young teen- aged boy threw a number of large stones at the G-Wagon I was riding in, ineffectively striking the armoured glass beside me.

Hesco bastion Another common piece of security equip- ment used extensively in Afghanistan is the Hesco bastion. It was developed in the late

October 2013 30 Blue Line Magazine 1980s as a flood and erosion control system vehicles or vehicles stuck in heavy traffic and but quickly became popular for military for- typically use some type of plastic explosive, tification. It is brilliant in its simplicity and an which usually has enough of an explosive charge extremely effective barrier against small-arms to seriously damage or destroy the vehicle and fire, vehicle intrusion and car bombs. kill the occupants and anyone nearby. Available in a variety of sizes and dimen- Every time we drove into a compound, part sions, it consists of heavy-duty welded wire of the security screening included a physical mesh panels preassembled into a four-sided check for sticky bombs and, in some cases, an module lined with a heavy duty fabric liner. explosives detection dog inspected each vehicle They are flat packed for shipping so easily to ensure it was safe to proceed. transported. Several labourers simply unfold each mod- Shipping containers ule and stand it on end. It is then filled with sand, There were shipping containers everywhere dirt, gravel or any combination of readily avail- I travelled in Afghanistan; some were actually able aggregates with front end loaders or similar used for shipping goods! machinery. They can be connected together into The strong, bullet-resistant and secure wall sections using specially designed fasteners Rough roads and speed-bumps steel containers have been modified to vary- installed at each corner. One of the lowest tech security measures ing degrees of sophistication into standalone Hesco bastions are often assembled into I witnessed were massive speed-bumps and buildings for almost any imaginable use other multi-level wall systems topped with several purposefully rough roads, designed to prevent than shipping. rows of razor-wire, creating a quick fortified insurgents driving car and truck bombs from Many temporary facilities use groups of and impenetrable encampment. racing up to fortified gates at compounds and converted shipping containers, often several facilities. levels tall, for office space or accommodation. Bremer blast-walls Even the Mercedes SUV drivers had to When I stayed in the temporary quarters Many compounds and facilities in Af- slow to a crawl while navigating pothole filled in the German army base in Kunduz, I stayed ghanistan are also protected with Bremer blast streets and crossing the manufactured speed- in a very nice, commercially produced, self- walls, consisting of 2.5m wide by 3.7m or 6m bumps. Any speed faster than about 5 km/h contained shipping container room, complete tall steel-reinforced precast concrete panels. would result in loss of vehicle control. with hardwood laminate flooring, a bathroom, They have a wider base to keep them standing sleeping and storage space, a window and air- and are joined with a simple lap joint. They can Sticky bombs conditioning. be quickly interconnected into complete wall A recent trend in Afghanistan is the “sticky syastems by tying together heavy gauge steel bomb,” a small handheld device attached to a Tom Rataj is Blue Line’s Technology columnist and can be cables running through rebar loops cast into the timed fuse and a magnetic base. reached at [email protected]. walls at the top and bottom. They are surreptitiously affixed to parked

Blue Line Magazine 31 October 2013 Responding to edged weapons Time to visualize and animate the 21-foot rule by Aaron White rule” in basic terms and generally placed the threat distance between 20 and 30 feet – but The Yatim shooting in Toronto once again all agreed that at 20 feet an edged weapon in thrust police use of force and an officer’s the hands of a motivated person presented a response to the threat of edged weapons back clear and present danger. into the spotlight. My point isn’t to rehash the 21 foot As a use of force trainer I see every of- rule or its accuracy, nor to convert it to 6.4 ficer experience level in a variety of scenarios metres for the generation raised on metric and hear every type of justification for the measurement. All law enforcement agencies various responses to all levels of threat. can parrot the rule and its variants. The point Officers watching news coverage of of my experiment was to see what officers Yatim and other high profile use of force actually do, rather than say, when the rubber incidents worry about having similar scru- hits the road. tiny applied to them. This is worrisome in I had officers first stand, firearm holstered the sense that I would rather not have police and explain the 21 foot rule to the best of their officers running through their own trial by recollection. Afterwards I had them visually public opinion while on the streets in the place an adversary with a knife at the closest moment. They need to be fully present to distance they would be confident in dealing ensure their safety. with them – where they believed they could Most police who watch incident videos draw and shoot before the threat could make can name things they would do differently contact. They didn’t have a measuring tape and critique actions. Sometimes they agree and so had to eyeball it. with the officers they view and other times All the officers gave the 21 foot rule in they are shocked. It is never a universal its basic sense, at least outlining the distance response. they had been taught in training within which The reason for this, of course, is that we an edged weapon would present a threat – the all have different experiences and internal closest response was 20 feet. The real concern dialogues. We don’t hear, smell and feel what arose during the practical exercise. The aver- that officer is experiencing so sometimes we age distance where officers placed the armed immediately agree and other times we are officers of various levels of experience demon- assailant was 16 feet. The closest was 11(!) skeptical. strate their “comfort level” for edged weapons. feet and the farthest 17. Having watched and discussed one of the The experience of officers I polled var- The officers could tell me the minimum more recent high profile incidents in the bull ied from one year of service to about ten distance they had been taught, but when asked pen with my coworkers I decided to conduct years, with varied tactical and investigative to put it in practice, in the most extreme case, a quasi scientific poll/scenario. I had police backgrounds. All could describe the “21 foot they halved the distance. Not one was able to draw and shoot the assailant before he could get the knife to them. All would have suffered grievous injuries. Each officer was startled by the results, indicating they had been taught the rule of thumb but because they never had actually seen what the “reactionary gap” looked like, did not have a visual reference for the setup. In other words, their internal rule sets hadn’t actually seen 21 feet in practice. Police trainers should ensure they provide visual experience rather than just a verbal explanation. During scenario training it may be beneficial to discuss and show actual dis- tances to reinforce the visual land marking. Of course it must be pointed out that a good portion of our interactions take place indoors and well within 21 feet. The 21 foot rule should be used to emphasize respect for the edged weapon rather than the hard and fast “rule” it has devolved into.

Aaron White is a general duty investigator with the Royal Canadian Mounted Police working out of the Parkland, AB, Detachment. He is also a PPS instructor and can be reached by email to [email protected].

October 2013 32 Blue Line Magazine Education directory DISPATCHES

Gilles Larochelle, was officially sworn-in as the 16th Chief of the Kingston Police on Friday, June 21, 2013. He Georgian College opens doors for police offi- was formerly a 32 year member AMU has attracted hundreds of Canadian cers. Georgian has always been a leader in training of the Ottawa Police Service and students seeking online programs that are flexible, police professionals and now the opportunities are attained the rank of Deputy Chief affordable, current and relevant, with more than even greater. Fast track your degree with advanced prior to taking up the top job with 70 degree programs uniquely tailored to meet standings in the Bachelor of Human Services – Kingston Police. Larochelle, 52, the needs of today: intelligence studies, criminal Police Studies online degree. Qualified first class was raised in Cornwall and began justice, emergency and disaster management. constables can receive advanced standing for 50% his career in policing in 1981, after working as a social of the program and up to an additional exemption worker for Children’s Aid. He holds a master’s degree American Military University is a good choice for Canadians. Visit www.PublicSafetyAtAMU.com/ of 25% for post-secondary education. Contact: in criminology and a degree in social science from the [email protected] University of Ottawa. He is also a graduate of the FBI’s Canada or contact Mike Sale ([email protected] National Academy in Quantico, Va., and the Institute for or 416-985-7253). Strategic International Studies through the Canadian Association of Chiefs of Police. He also researched and authored The History of the Ottawa Police, published in 1994. During his time with Ottawa Police, Larochelle Humber Institute of Technology and Advanced worked in patrol, traffic, media relations, emergency Learning (Humber), the University of Guelph- Hum- ber and the University of Guelph have partnered operations, the criminal investigation division, tactical BCIT’s Forensic Science and Technology unit and other areas. Larochelle is married to Tessa to offer educational pathways that include tailored, program is Canada’s leading educational pro- Youngson-Larochelle, an Ottawa police officer, and streamlined programming at the diploma, under- has three sons, aged 13, 16 and 20. vider in forensic studies. Our part-time programs graduate and graduate levels. Humber is prepared ••• and courses are taught by industry experts with to assist you, a justice professional, in attaining RCMP Sgt. Pierre Lemaitre died on July 29 diverse backgrounds in various areas of for- your goals of higher education by offering a high after being found in his home in ensic investigation including: Computer Crime, affinity diploma in Police Foundations Leadership. Abbotsford. A news release from Crime & Intelligence, Forensic Health Science, Liaison: Stephen Duggan, 416-675-6622; Stephen. the coroner says emergency Forensic Science and Video Surveillance. [email protected] personnel attended Lemaitre’s 604.412.7436 bcit.ca/cas/forensics home, but could not resuscitate him. Lemaitre was the police spokesman in the days following Dziekanski’s death at Vancouver’s airport, where the Polish man was stunned with a Taser during a confrontation with the police. Both police and Lemaitre in particular, faced allegations Charles Sturt University is an internation- Lethbridge College has been delivering justice they misled the public after an amateur video ally recognized leader in undergraduate and programming for more than 40 years. Employers emerged of the incident that appeared to contradict postgraduate education for professionals in law hire our grads because they can count on the out- what Lemaitre had told reporters. Commissioner enforcement, counterterrorism and security, and standing training and skills of our alumni. Join this Thomas Braidwood concluded Lemaitre was “well- emergency management. Courses are delivered prestigious group and make your community and intentioned’’ and was doing his best to inform the via supported distance education, with flexible study country a better place. Visit www.lethbridgecollege. public in the early stages of an investigation that had options to fit with career and lifestyle commitments. ca and welcome to your future. yet to determine the facts. He joined the RCMP in We recognise policing experience and training for 1984 and during his 29 years of service worked in academic credit. Find out more at www.csu.edu. Kamloops, Prince George, Cranbrook, Langley and au/policeca Bella Coola before taking up his duties as a media relations officer with the greater Vancouver RCMP. He is remembered by other members as being very Sheridan College can prepare you for your forthright, honest and always willing to lend a hand. career in public safety. We offer two-year diploma Lemaitre is survived by his wife and two daughters. ••• programs in Police Foundations, Community and Retired Cobourg Police Chief Daniel K. McDougall, CPKN is the leading provider of online training Justice Services, and Investigation – Public and who served as chief from 1982 to for police and law enforcement in Canada. Working Private, as well as a one-year graduate certificate in Emergency Management, at Sheridan’s Davis 1996, died on Sept. 9. During his in collaboration with policing experts, CPKN deliv- Campus in Brampton, Ontario. Visit www.sheri- tenure as chief of the Cobourg ers learning products and services that enhance dancollege.ca to learn more. Police Service, Chief McDougall the accessibility, efficiency and quality of training led several successful changes for frontline personnel. Visit www.cpkn.ca . including implementing 10-hour rotation shifts for officers in 1983. He hired the first female police officer for the Town of Cobourg in 1989 and first female Special Constable in 1994. He led the way The University of Guelph’s online MA (Leader- for the successful implementation of 9-1-1 in the ship) program offers a broad multi-disciplinary ap- Town of Cobourg in 1989 and helped introduce the We have been providing first class leadership proach which deals with leadership issues relevant new Police Services Act, which established the first education to police officers since 1993. Our authors/ to the public, private and not-for-profit sectors. The Police Services Board in 1991. Chief McDougall instructors are second to none, having a high level program which combines e-Learning with residential started his career in policing with the City of London of academic credibility combined with direct policing components is designed to empower individuals with police force, achieving the rank of S.Sgt. - Com- experience. Our distance courses are designed and leadership knowledge and experience, allowing them mander of Traffic. He died at Northumberland Hills delivered so that personnel can continue to work Hospital in his 75th year surrounded by his family. to increase their self awareness and competency, in He is mourned by many family members including and immediately employ skills learned. Contact: order to contribute to ethical leadership, organiza- his wife and four children. Sherry Carmont 800-565-8867, 902-494-6930 or tional transformation and the betterment of society. www.dal.ca/cce. Visit www.uoguelph.ca/cme/ma-leadership/

Blue Line Magazine 33 October 2013 Case Law by Mike Novakowski Officer’s non-communicated intentions irrelevant

Since the test for deter- Believing it indicated recent use to create a to arrest the accused; mining a Charter detention sealed hidden compartment that may contain 2. Implied direction or order to the accused that involves a detainee-centred drugs, he arrested Koczab for drug possession he wasn’t to leave; approach, a trial judge erred and advised him of his right to counsel. 3. Return to his car; when he considered unspoken A vehicle search incidental to arrest re- 4. Non-communicated call for back-up; and intentions or thoughts in the vealed 17 one-kilogram bricks of cocaine in a 5. Non-communicated intention to come back analysis. silicone-sealed hidden compartment underneath and to ask the accused more questions to see In R. v. Koczab, 2013 the backseat. The officer arrested Koczab for if there was an innocent explanation. MBCA 43 the accused, cocaine trafficking and re-advised him of his The problem with this, the majority noted, while driving from British rights. He was again given his right to counsel was that Koczab would not have known facts Columbia to Ontario, was but declined to contact anyone. one, four and five (the officer’s intentions or pulled over for speeding in A Manitoba Court of Queen’s Bench trial thoughts) and they therefore were irrelevant Manitoba. The police of- judge concluded the officer detained Koczab in a detainee-centered objective analysis. Fact ficer noticed the vehicle was before asking the three questions. In his view, three was neutral while fact two – the implied registered to Koczab in BC but Koczab was detained when the officer formu- direction – had to be accepted on appeal. Thus, his licence was issued in Ontario. When asked, lated his intention to arrest, said he would be the trial judge improperly overemphasized the Koczab said that was because he worked in the back in a minute, returned to his car, called for officer’s non-communicated intent in conclud- movie industry and lived in both places. This back-up and came back to the SUV to ask the ing there had been a detention. Chartier put the explanation seemed familiar to the officer. first question. The detention did not breach s. detainee-centered objective approach this way: A routine police check revealed Koczab 9 of the Charter because the judge concluded (T)he test to determine whether the accused had been fingerprinted in the past for theft and the officer had reasonable grounds to suspect has demonstrated the required “significant” drug charges, but his record showed only one Koczab was a drug courier before he called psychological restraint is whether the police criminal conviction for theft. The officer re- for back-up. conduct would cause a reasonable person in turned Koczab’s documents, gave him a verbal However, since Koczab was detained the accused’s circumstances to conclude that the warning for speeding and said he was free to go. before the officer asked him the last three ques- accused wasn’t free to go and had to answer the The entire stop took only 10 minutes. tions, his rights under s. 10 were breached. He questions posed by the officer when he returned Believing he may have stopped Koczab had not been advised of the reason for his deten- from his car. In essence, a trial judge is to evalu- previously, the officer then asked if he would tion (s. 10(a)) nor told of his right to counsel ate the overall situation as it would be perceived mind answering a few questions. “Yeah go before answering (s. 10(b)). The cocaine was by a reasonable person standing in the shoes ahead,” Koczab replied. The officer asked a excluded as evidence under s. 24(2) and Koczab of the accused, having regard to the following: series of questions, which led him to ask what was acquitted of trafficking and possession for to what that person would have said, heard, Koczab had in the back seat. A couple of suit- the purpose of trafficking. seen, thought or done; to the officer’s words or cases, he replied, but denied there was liquor, The Crown appealed to the Manitoba Court actions which would have been heard or seen by drugs or large amounts of cash in the vehicle. of Appeal arguing, in part, that the trial judge the accused; to any relevant facts surrounding When asked “So what’s in the suitcases?” erred in finding Koczab had been psychologic- the encounter; and to the accused’s personal Koczab said, “Clothes, do you want to see?” ally detained and therefore entitled to be advised circumstances (para. 44). The officer said “Sure.” of his s. 10(b) rights before being asked the last So then, with the remaining facts, would After a brief exchange, Koczab, without three questions. a reasonable person, standing in the shoes of prompting, opened the back door and the suit- A person is detained such that Charter rights the accused, believe he was detained? The cases. The officer did not search them but no- are triggered if they can demonstrate significant majority didn’t think so. Although not fatal to ticed the carpet had been altered near the back psychologically restraint. The test to determine a determination of detention, Koczab chose seats, causing him to suspect there was a hidden this is whether police conduct would cause not to testify so there was no evidence as to compartment. He had considerable experience a reasonable person in the accused’s circum- how he regarded, understood or interpreted the in detecting and locating such compartments, stances to conclude they were not free to go and interaction. Using the testimony of the officer having personally investigated and discovered had to comply with the direction or demand. the majority concluded: them in some 50 other cases. This approach to determining detention has .• Circumstances of the encounter: Koczab The officer told Koczab he had to go to been described as “claimant” or “detainee- was handed back his documents, told he was his car for a moment, then called for backup. centered objective analysis.” free to go, asked whether he would agree to He intended to arrest him but, before doing so, Since the test is detainee-centered, the answer a few questions and consented to do decided to give him an opportunity to provide significance of the officer’s non-communicated so. The officer’s words, “I just have to go to an innocent explanation for the altered carpet. mindset is largely removed. Factors to consider my car for a minute” – characterized by the He went back to Koczab and asked the follow- include the circumstances giving rise to the trial judge as an implied direction – were ing three questions: encounter, nature of police conduct and the clearly not an order to stay. There was no 1. Have you had any bodywork done to the particular characteristics or circumstances of evidence the officer made a gesture, such as vehicle? the individual. lifting his index finger to indicate Koczab Answer: No The trial judge erred in considering the should wait, or expressed his words in an 2. Have you had any panels removed? officer’s non-communicated thoughts and authoritative tone. More than just the words Answer: No intentions to arrest Koczab in the detainee- the officer chose was needed. Koczab was 3. Do the back seats fold down? centered objective analysis, the Crown submit- relaxed, composed and co-operative through- Answer: Yeah, I’ll show you. ted. Koczab suggested the trial judge correctly out the encounter, opening the back door and Without being asked, Koczab proceeded applied the proper legal test. Justice Chartier, suitcases and inviting the officer to look in to fold the seats forward. The officer noticed authoring the Manitoba Court of Appeal’s them and behind the rear seat, all on his own more damage to the carpet and smelled the majority opinion, concluded the trial judge’s initiative. At no time during the encounter did strong odour of fresh silicone, a product he finding of detention was based on the officer’s: Koczab’s level of co-operation, conversation knew wasn’t used in factory vehicle installations. 1. Non-communicated belief that he was going or interaction change.

October 2013 34 Blue Line Magazine • Nature of police conduct: There was no inside his vehicle and personal belongings. A second view physical contact between the officer and There wasn’t anything to show Koczab’s Justice Monnin, in dissent, concluded the Koczab and the interaction was polite and compliance and co-operation with the officer trial judge did not err in finding Koczab was cordial. Voices were not raised and there was was anything but voluntary. psychologically detained and his s. 10 rights no evidence of intimidation or coercion. The There would have been no finding of a breached: encounter was relatively short: 14 minutes psychological detention had the trial judge In my view, a reasonable person, having elapsed from the time Koczab was told he was considered the facts using the correct detainee- been questioned aggressively on issues relat- free to go until his arrest. The officer always centered objective approach and not improperly ing to drug convictions and whether he was confirmed that Koczab let him ask further focused on the officer’s non-communicated currently involved in drug trafficking, having questions and look into the trunk. It was intent. Thus, his conclusion of a detention previously been told he was free to go, but then made clear, at least inferentially, that he had was unreasonable and not supported by the indirectly told to stay where he was, would likely a choice in the interaction and his consent and evidence. There was no s. 10 Charter breach conclude that he wasn’t free to go and had to co-operation were given each step of the way. and, even if there was, the majority would have comply with that directive. It would take a brave • Circumstances of the accused: He was 29 ruled the evidence admissible under s. 24(2). soul in the circumstances to defy the state actor years old and seemed confident and relaxed. Since an acquittal would not necessarily have and go merrily on his way. He would, no doubt, There was no evidence he was in any way followed had the trial judge properly applied soon be involved in a police chase (para. 93). intimidated by the situation or police conduct, the law, the Crown’s appeal was allowed and a Monnin would not have interfered with the nor any suggestion he was under any form of new trial ordered. trial judge’s ruling on the exclusion of evidence. duress or compulsion to comply. Instead, he was the one encouraging the officer to look

Cop killer denied parole – for life

TORONTO - A judge denied Toronto Police Cst. Todd Baylis’ murderer parole – and barred him from ever applying for early release again. “Clinton Gayle was found guilty of brutal and horrific crimes,” Ontario Superior Justice Ian Nordheimer wrote in his September judg- ment. gayle was convicted of first-degree murder in 1996 and is serving a life sentence with no chance to apply for parole until 2019. “Any murder will have incredible and lasting impact on the family and friends of the deceased,” wrote nordheimer. “The death of a police officer in the line of duty not only carries that same impact, but it additionally has a much broader impact on the community.” Gayle, now 45, was 26 years old when he killed Baylis with a bullet to the temple and wounded Baylis’ partner, Mike Leone, during a routine parole stop that cornered the crack dealer in the Trethewey housing complex on June 16, 1994. Nordheimer said the trial judge de- scribed the shooting as an execution. “Baylis never took out his gun and Officer Leone only did after Gayle had first fired his gun,” Nordheimer recounted. Gayle was ordered deported on March 1, 1991, after racking up a lengthy record that included cocaine trafficking and weapons offences. His deportation appeal was denied and he was detained until July 27, 1992, when — despite his violent background — he was released on a $2,000 bond. (QMI Agency)

Blue Line Magazine 35 October 2013 Case Law by Mike Novakowski Odour and observation justify arrest An odour of vegetative marijuana plus The officer subjectively believed Ashby other visual observations may provide the possessed marijuana but had no idea how necessary circumstances justifying an arrest much was involved and did not testify he for a summary offence. believed more than 30 grams were present. In R. v. Ashby, 2013 BCCA 334, a police “Absent a subjective belief that the officer clocked a vehicle travelling 94 km/h amount of marijuana present was more than in an 80 km/h zone and being driven out- 30 grams, (the officer’s) powers of arrest side the tracks in the snow made by other were limited to those applicable to summary vehicles. The driver’s window was down conviction offences,” said Frankel. “He only about one-quarter of the way and the sun roof went as far as saying that he believed some was also partly open, even though it was -21 unknown amount of marijuana was present.” Celsius. Concerned about the driver’s level Thus, the arrest could not be supported of sobriety, the officer pulled the Hyundai under s. 495(1)(a). over. Under s. 495(1)(b) – finds committing a The vehicle was a rental and the officer criminal offence – the officer was required noted a strong odour of vegetative green to have reasonable grounds to believe Ashby marijuana, similar to the smell in a grow was apparently committing the offence of operation. He noted a red bag on the passen- possessing marijuana in his presence. ger’s seat, fast food wrappers on the floor and sun-roof in minus 21 degree weather – “An arrest will be lawful if the arresting an odour of men’s cologne. The officer asked Ashby may have been trying to vent the officer subjectively believes he or she has Ashby for her driver’s licence and the rental smell of marijuana from the vehicle. the requisite reasonable grounds and those agreement. A computer search revealed she The trial judge concluded the arrest was grounds are objectively reasonable,” said had a conviction for possessing a narcotic lawful under s. 495(1) of the Criminal Code. Frankel. Since there were additional fac- about 22 years earlier. First, he found that the “the strong odour of tors considered by the arresting officer, it When the officer returned to issue a vegetative marijuana... was sufficient on its was unnecessary for the court to determine warning ticket, he arrested Ashby for pos- own to support a reasonable belief that Ms. whether the odour of marijuana by itself sessing marijuana, advised her of the right Ashby was in possession of marijuana, or had was sufficient to support a reasonable belief. to counsel and patted her down. She wasn’t committed the indictable offence of being in The court concluded that “the factual permitted to speak to counsel at the roadside, possession of marijuana.” matrix that existed at the time the arrest instead access was provided at the police There were also other indicators that decision was made satisfies the objective station. added significance to the odour and informed criterion.” Although some of the factors A vehicle search turned up about 21 kgs. the officer’s decision to arrest. In the judge’s considered by the officer “standing alone can of marijuana in the trunk and $17,000 cash view, the arrest was justified unders. 495(1) be consistent with non-criminal activity, their in the travel bag on the front passenger seat. (a) (reasonable grounds to believe an indict- combined effect, when viewed through the Ashby was subsequently charged with pos- able offence had been committed) or s. 495(1) lens of a police officer’s experience, cannot session for the purpose of trafficking. (b) (finds committing a criminal offence), be ignored.” In British Columbia Supreme Court the and the search of the vehicle was incident to The court found that a reasonable person officer testified he was familiar with three that arrest. Ashby was convicted of possess- standing in the officer’s shoes would believe distinct marijuana related odours: ing marijuana for the purpose of trafficking. that Ashby was apparently committing the 1. Burnt (ie. smoked), Ashby appealed her conviction to the offence of possessing marijuana: 2. Bud (ie. harvested) and BC Court of Appeal, arguing her arrest was In addition to detecting the strong odour 3. Plants (ie. vegetative/growing). unlawful. In her view, the officer did not of vegetative marijuana emanating from the He said the odour, along with other have reasonable grounds to believe that an Hyundai, (the officer) observed a number possible indicators of drug-related activity, indictable offence had been committed or of things which, based on his experience, provided him with the necessary grounds was about to be committed (s. 495(1)(a)), were consistent with Ms. Ashby being a drug to believe Ashby possessed marijuana. The nor did he make sufficient observations to courier. It was the cumulative effect of what possible indicators of drug related activity support a reasonable inference that she was his senses perceived – the totality of the cir- included: committing the crime of possessing mari- cumstances – that gave rise to his belief that • A rented vehicle – often used by drug cour- juana (s. 495(1)(b)). she was in possession of marijuana. When iers to avoid detection and seizure of their all of (the officer’s) olfactory and visual own vehicles. Also used to deny knowledge The arrest observations are assessed on a practical, of any drugs that may be found; Although the trial judge upheld the legal- non-technical and common sense basis, his • The smell of men’s cologne – often used ity of Ashby’s arrest under both subsections, decision to arrest is objectively justified. by drug couriers to mask the smell of Justice Frankel, delivering the unanimous (reference omitted, para. 59). marijuana; Court of Appeal judgment, found the arrest Ashby’s appeal was dismissed. • Fast-food wrappers – as drug couriers do only justifiable under s. 495(1)(b). Posses- not wish to stop for very long or leave sion of more than 30 grams of marijuana, their vehicles unattended, they will pick a dual or hybrid offence, is deemed an Visit www.blueline.ca/resources/caselaw for complete indictable offence at the investigative stage cases. You can email Mike Novakowski at caselaw@ up food from drive-through or fast-food blueline.ca restaurants; and but possession of 30 grams or less is only a • The partially open driver’s window and summary offence.

October 2013 36 Blue Line Magazine MarketPlace

Blue Line Magazine 37 October 2013 Back of the book

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Learn more about these Canadian a good firing Law Enforcement suppliers at www.BlueLine.ca by Robert Lunney high standards of commitment those per- sons who wilfully fail to comply with the Canadians favour an understanding and codified standards of behaviour must be 5 Mile Media 37 sympathetic society, one that is reasonable, separated from the service. When a review 911 Gear 37 considerate and forgiving. A tolerance for board or indulgent judge allows a transgres- honest mistakes, minor transgressions and sor to remain through misguided sympathy, 911 Supply 38 misunderstandings is built into our DNA. they send a message that they do not respect American Military University 18 These qualities are reflected in the Can- the professional standards of policing. That adian Charter of Rights and Freedoms and is pretty demoralizing. Boxer Audio 37 in our court decisions. A cynical public only sees that the C.R.A.F.M. 27 We are fortunate that Canada’s position authorities have once again taken care of in the world and relative economic success their own, contributing to disrespect of Calgary Police 13 has enabled us to reach this level of social police and established institutions. The Cdn. MedicAlert Foundation 11 development. Still, every system has its worst impact, however, is within. When limits. Once due process is scrupulously some see that the standards of conduct can Carswell, Thomson Reuters 21 observed and a conviction under the law is be stretched, they are encouraged to ignore Case‑Tech 37 registered, we have no compunction about or disparage those rules. Expectations are applying the penalties prescribed. There are lowered. For the best officers, those who Charles Sturt University 32 limits to our tolerance. believe in living up to professional stan- Chrysler Canada 40 It is not a new phenomenon, but in the dards, every misguided act of forgiveness past year the media has carried stories about is deeply disappointing. On the contrary, Crossroads Promotions 37 police officers found guilty of serious of- when an order for dismissal is sustained, Dalhousie University 15 fences against the internal code of conduct it serves as encouragement that rules have and in some cases, criminal acts. Despite meaning and that high standards will be Draeger Canada Ltd 2 an order for dismissal the culprits were upheld. E‑Seek 30 ordered retained by an external review body On more than one occasion I have noted Fisher Space Pen 37 (e.g. law enforcement appeal tribunal). an interesting phenomenon when a rightful There were other cases when the criminal dismissal is carried out. A light-hearted and Force of Habit Barbell 37 courts seem to have diminished or dis- uplifting wave of optimism passes through Ford 4 missed evidence that would have resulted the organization. There is nothing as satis- in the offender being subject to dismissal. fying as a good firing. Georgian College 24 In some cases, representations for clemency Glentel 8 were supported by a staff association eager to prove it supports all members all of the Robert Lunney is the former chief of the Edmonton Henry’s Photo‑Video‑Digital 39 time and at any cost. and Peel Regional police services. He is Blue Line Humber, Institute of Tech 28 Policing is a noble profession and a Magazine’s Police Management edtior and he is the calling in life for those committed to the author of “Parting Shots - My Passsion for Policing.” Intergraph Canada 19 He may be contacted by email to [email protected]. cause of justice and the maintenance of a Int’l Police Association 31 well-ordered society. In order to sustain Missing Children Society of Can. 22 Omek International 37 Photography by Kat 37 Pride in Service 37 Toronto Police Chief’s Gala 35 Triform 17 Underwater Kinetics 25 University of Guelph 31 V-Sec Systems 23 Visual Planning 25 Vortex Canada 37 Wolverine World Wide (Bates) 29

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